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Fifth Circuit· 8/23/2006

United States v. Bigelow

Citations

  • 462 F.3d 378
  • 2006 U.S. App. LEXIS 21562
  • 2006 WL 2424747

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that there is a conflict when the burden imposed by the written sentence exceeds that of the orally pronounced sentence
  • explaining “the [written] judgment must be conformed to [the oral] pronouncement by deleting the . . . [challenged] special conditions”
  • finding conflict where oral pronouncement required defendant to merely notify his probation officer before obtaining any form of identification while the written judgment required the defendant to obtain prior approval before doing so
  • perceiving conflict when the pronouncement compelled the defendant to tell his probation officer about every form of identification he obtained, while the judgment required him to obtain prior approval before seeking any such document
  • “If ... the difference between the [the oral pronouncement and the written judgment] is only an ambiguity, we look to the sentencing court’s intent to determine the sentence.”
  • “If . . . the difference between the [the oral pronouncement and the written judgment] is only an ambiguity, we look to the sentencing court's intent to determine the sentence.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Davis, Barksdale, Demoss

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.