Legal Opinion
United States v. Werber
Court of Appeals for the Second Circuit
Decided March 29, 1995No. Nos. 449, 1199, Dockets 94-1162, 94-1213PublishedCited by 44 opinions
1Opinion of the Court
JOSÉ A. CABRANES, Circuit Judge:
The question presented is whether Rule 36 of the Federal Rules of Criminal Procedure permits a district court to amend a sentence imposed several months earlier on the ground that the court had mistakenly failed to depart downwardly under the U.S. Sentencing Guidelines. The United States District Court for the Southern District of New York (Lawrence M. McKenna, Judge) imposed the amended sentences on February 8, 1994, and March 15, 1994. We hold that Rule 361 authorizes a court to correct only clerical errors in the transcription of judgments, not to effectuate…
2Cases cited14 opinions
- United States v. Hubert R. FergusonCourt of Appeals for the Sixth Circuit · 1990
- United States v. Novenda L. CookCourt of Appeals for the Fourth Circuit · 1989
- United States v. Anthony F. DaddinoCourt of Appeals for the Seventh Circuit · 1993
- United States v. Rico, Appeal of Elizabeth Baron, A/K/A "Yolanda Mercado"Court of Appeals for the Second Circuit · 1990
- United States v. Edwin PaganCourt of Appeals for the Second Circuit · 1986
9 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- United States v. William EskridgeCourt of Appeals for the Seventh Circuit · 2006
- United States v. Roger LussierCourt of Appeals for the Second Circuit · 1997
- United States v. Duane Arthur MyersCourt of Appeals for the Second Circuit · 2005
- United States v. CarrCourt of Appeals for the Second Circuit · 2009
- United States v. Dominick Truscello John Gammarano Salvatore Lombardi Barry Nichilo Gaetano Vastola Manny Garafolo Steven Long, Steven CreaCourt of Appeals for the Second Circuit · 1999
39 more not listed; retrieve them via the Exa API.