· 5/1/1990
United States v. Rico, Appeal of Elizabeth Baron, A/K/A \Yolanda Mercado\
Citations
- 902 F.2d 1065
- 1990 U.S. App. LEXIS 7154
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “the district court has inherent power to correct a mistaken sentence within the time fixed for filing an appeal, where the parties had agreed to a different sentence and the court otherwise intended to abide by the agreement”
- holding defendant had no expectation of finality in her sentence despite being sentenced erroneously to the time she already had served because government had statutory right to appeal and defendant’s sentence was open to review
- rejecting double jeopardy argument because “[u]nder the original sentence [defendant] had served only the imprisonment portion of her sentence and still faced supervised release for a term of five years.”
- upholding a sentencing modification because the original sentence was an \illegal sentence\
- upholding a sentencing modification because the original sentence was an “illegal sentence”
- mistake — of which defendant must have known — discovered three days after defendant erroneously sentenced to time served and released
Source: CourtListener parenthetical corpus (CC0).
Judges: Van Graafeiland, Miner, Walker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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