Can a federal district court sentence a defendant for armed larceny that runs consecutively rather than concurrently with the other charges?

MultiRegion, United States of America

The following excerpt is from U.S. v. Lewis, 862 F.2d 748 (9th Cir. 1988):

"[A] district court does not have inherent power to resentence defendants at any time. Its authority to do so must flow either from the court of appeals mandate under 28 U.S.C. Sec. 2106 (1982) or from Federal Rule of Criminal Procedure 35." United States v. Minor, 846 F.2d 1184, 1187 (9th Cir.1988) (citation omitted). Neither of these bases gives the district court power to impose a sentence for armed larceny that runs consecutively rather than concurrently with sentences on the other counts.

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