Can a judge change or modify a lawful sentence after Rule 35 of the Criminal Code has expired?

Vacating the judgment is simply the mechanism that permits the district court to act again with respect to a case that otherwise has been completed. In fact, there is no other way for the district court to act on the underlying case after entry of a final judgment. See Marchese, 341 F.2d at 788 (stating that a judge cannot change or modify a lawful sentence after Rule 35's 60-day period has expired, unless the district court vacates the judgment of conviction). That is why 2255 makes the act of vacating and setting aside the judgment mandatory, by the use of the term "shall." See United States v. Contreras, 895 F.2d 1241, 1243 (9th Cir.1990) (noting that the term " 'shall' is used to issue a mandatory directive"). Only after vacating and setting aside the judgment may the court fashion one of the listed remedies, after which the court enters a new judgment.