Francis v. United States

STEADMAN, Associate Judge:

In this appeal, we are required to address a trial court’s power to modify a sentence in the course of a sentencing procedure that extended over a five-week period. The upward modification came about when the trial court discovered that appellant would likely receive presentence credit for time spent in a halfway house, thus frustrating the court’s intent, expressed at the initial sentencing hearing, to have appellant actually serve two years’ imprisonment. We hold that, under the facts of the present case, the trial court did not exceed its authority in sentencing…