Wednesday, September 30, 2015

Court's Power to Alter Judgments Limited

US v. Spaulding, Docket No. 13-1376 (10th Cir. 9/1/15): 18 USC 3231, which grants district courts original jurisdiction over criminal cases, does not, standing alone, confer upon the district court jurisdiction to set aside a previously imposed criminal judgment that includes a term of imprisonment. Rather, the district court has jurisdiction to alter such judgments only to the extent "expressly permitted by statute or by Rule 35 of the Federal Rules of Criminal Procedure." 18 USC 3582(c)(1)(B). The cause is remanded for reentry of the original judgment.