· 10/30/1987
United States v. Pierre Guevremont
Citations
- 829 F.2d 423
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- allowing probation order to be vacated or allowing a defendant to avoid consequences of violating probation would thwart the intent of the court’s sentencing plan
- construing district court's subsequent alteration of illegal split sentence under Rule 36 as a corrective order pursuant to Rule 35(a)
- rejecting use of Rule 36 where the court failed to announce that the defendant was placed on probation but later cor- rected it in a written order
- where increase of sentence results from correction of sentence to conform to original intent of sentencing judge, Federal Double Jeopardy Clause is not violated
- clerical error “must not be one of judgment or even of misidentification, but merely of recitation, of the sort that a clerk or amanuensis might commit, mechanical in nature”
- \We believe that the cases mentioned above support the view that . . . the district court's order corr ecting the illegal sentence was appropriate and does not bring to bear double jeopardy concerns of possible judicial vindictiveness.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Becker, Higginbotham, Hunter
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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