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· 9/12/2005

United States v. Frank Wiggs Bennett

Citations

  • 423 F.3d 271
  • 2005 U.S. App. LEXIS 19588

How courts have described this case

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

  • recognizing that “corrections allowed by Rule 36 . . . ha[ve] no time limit”
  • relying, in part, on United States v. Loe, 248 F.3d 449 (5th Cir. 2001)
  • describing use of Rule 36 to correct clerical errors in the judgment
  • applying the de novo standard to Rule 36 question of law
  • “[I]t is clear that the final order of forfeiture can be imposed only as part of the sentence[.]”
  • “Rule 36 does not authorize the sentencing court to correct a sentence imposed in violation of law, as a result of an incorrect application of the sentencing Guidelines, or to otherwise substantively modify sentences.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Alito, Becker, Shadur

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.