· 9/19/2006
United States v. Johnny Lee Napier
Citations
- 463 F.3d 1040
- 2006 U.S. App. LEXIS 23737
- 2006 WL 2671009
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that convictions that were twenty-years old for selling cocaine and some evidence of unusual behavior did not support imposition of a substance abuse treatment condition as part of the sentence for a fraud conviction
- inferring imposition of standard conditions where oral sentence advised defendant that unspecified conditions would be included in judgment
- observing that section 666(a)(1)(A) offense “contains no such element”
- vacating and remanding where “we cannot say the inclusion of . . . conditions in the written judgment created a direct conflict,” but “we do not have a complete and unambiguous sentence to leave intact”
- district court denies defendant the right to be present for the imposition of sentence if it adds nonstandard conditions to defendant’s sentence after the sentencing hearing
- later written sentence controls when it “merely clarifies an ambiguity in the oral pronouncement”
Source: CourtListener parenthetical corpus (CC0).
Judges: Canby, Gould, Bea
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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