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· 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 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.