v. Baker

Summary

The court held that presentence confinement credit is not part of a criminal sentence and therefore a claim seeking correction of the credit amount is not a claim that the sentence was unauthorized by law under Rule 35(a). Because the parties and court had overlooked eighteen days of credit, the proper mechanism for correction was Rule 36, but that correction did not alter the original judgment or restart the limitation period for a collateral attack. The court reversed and remanded with instructions to return the matter to the district court for correction consistent with its opinion.