U.S. v. Newman

Dist. Ct. erred in increasing from 348 months to 472 months defendant’s sentence on certain drug charges, where: (1) defendant’s original 540-month sentence was reduced to 348 months pursuant to 18 USC section 3582(c)(2) based on retroactive change to sentencing guidelines for said offenses under Amendment 782 of Sentencing Guidelines; and (2) Dist. Ct.’s increase came more than 14 days after date Dist. Ct. had reduced defendant’s sentence to 348 months. Rule 35 provides that Dist. Ct. has only 14 days to correct any error in sentencing, and Dist. Ct. otherwise failed to identify any “arithmetical, technical or clear error” to justify its modification of reduced sentence under section 3582(c)(2).