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· 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 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.