Paul Albert Patterson v. United States

Appellant was convicted by the District Court sitting without a jury of mailing obscene photographs of himself and others in violation of 18 U.S.C.A. § 1461. The written judgment provided that appellant was to serve 5 years, to pay a fine of $1,000.00, and to stand committed if the fine was not paid. The oral pronouncement at the conclusion of the trial did not provide for commitment if tHte fine was not paid. Appellant filed a motion to correct the sentence under Rule 35 based on the variance between the written judgment setting forth the sentence and the oral pronouncement. The Court…