United States v. Paul C. "Paulie" Villano

ON REHEARING EN BANC

BALDOCK, Circuit Judge.

Defendant, Paul C. Villano, filed a motion in federal district court to correct a clerical mistake in the order of judgment and commitment. He asserts that the sen*1450tence spoken by the trial judge is different from what appears on the judgment and commitment order, and because the two conflict, the oral sentence should control. The district court denied his motion, and a divided panel of this court affirmed that denial. The panel’s decision was vacated when the majority of the active judges of the circuit voted to have the appeal determined by an en…