No. 25-5112

Brian Lee Corbett v. United States

Lower Court: Fourth Circuit
Docketed: 2025-07-15
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: criminal-procedure district-court judicial-discretion rule-35 sentencing supervised-release
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether Rule 35(a) of the Rules of Criminal Procedure allows a district court to reopen and modify a final, imposed sentence sua sponte

Question Presented (from Petition)

In this case, the district court held a hearing at which it revoked Corbett’s term of supervised release and imposed a term of imprisonment as a result. It did not, at the hearing, impose any future term of supervised release. A day later, the district court sua sponte convened a second hearing, explaining that its failure to impose a new term of supervised release had been a mistake and adding a twoyear term of supervised release to Corbett’s sentence. The question presented in this Petition is whether Rule 35(a) of the Rules of Criminal Procedure allowed the district court to reopen its final, imposed sentence in such a manner. 2 II. T ABLE OF CONTENTS I. QUESTION S PRESENTED FOR REVIEW . 1 II.

Docket Entries

2025-10-06
Petition DENIED.
2025-07-24
DISTRIBUTED for Conference of 9/29/2025.
2025-07-22
Waiver of United States of right to respond submitted.
2025-07-22
Waiver of right of respondent United States to respond filed.
2025-07-10
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 14, 2025)

Attorneys

Brian Corbett
Jonathan David ByrneFederal Pub Defender S. Dist., Petitioner
Jonathan David ByrneFederal Pub Defender S. Dist., Petitioner
United States
D. John SauerSolicitor General, Respondent
D. John SauerSolicitor General, Respondent