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United States v. Martin

Appellant argues that he is entitled to remand for full resentencing, because his first sentence is unreasonable in light of the revised sentencing guidelines. He made no objection at the time of sentencing, so the court reviews for plain error. As the district court is to sentence under the guidelines in effect at the time of sentencing, 18 U.S.C. �3553(a)(4)(A)(ii), there is no error, much less plain error. 5th U.S. Circuit Court of Appeals, No. 07-30815, 02-05-2010

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Published opinion

Before JOLLY and DENNIS, Circuit Judges, and JORDAN, District Judge.*fn1

This case presents a question of whether a district court has jurisdiction to modify a sentence under 18 U.S.C. § 3582(c)(2)*fn2 while an appeal of the original sentence is pending before this court. We determine that in this case it does.

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