|UNITED STATES OF AMERICA,||
Today we have affirmed Mr. Sandoval's November 16, 2004, sentence. See United States v. Sandoval, No. 04-2323 (10th Cir. Feb. 26, 2007). Because Mr. Sandoval has presented no argument for distinguishing his grounds for appeal in that case from his grounds here, we likewise affirm the sentence in this case.
There is, however, one complication. The government contends that the district court lacked jurisdiction to impose the sentence entered in December 2005, because there was no permissible ground to modify the sentence originally imposed in October 2005 for Mr. Sandoval's violation of his conditions of release. The government is probably correct. See 18 U.S.C. § 3582(c); Fed. R. Crim. P. 35, 36; United States v. Smith, 438 F.3d 796, 799-801 (7th Cir. 2006). But at oral argument Mr. Sandoval's attorney stated that the government's jurisdictional argument was "moot" because Mr. Sandoval "did his entire 11 months in prison." We take this statement to mean that even if the modifications to the October 2005 judgment made in the December 2005 judgment are invalid because the district court lacked jurisdiction to make any modifications, the modifications are of no practical significance. The government has not suggested otherwise. Therefore, we need not address whether the district court had jurisdiction in December 2005 to modify the October 2005 sentence.
We AFFIRM the judgment below.
ENTERED FOR THE COURT
Harris L Hartz
*.This order and judgment is not binding precedent except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.