United States v. Barwig

In United States v. Villano, this court held that “[wjhen an orally pronounced *859sentence is ambiguous ... the judgment and commitment order is evidence which may be used to determine the intended sentence.” 816 F.2d 1448, 1451 (10th Cir. 1987) (en banc). The majority contends the district court’s June 2007 oral sentence was not ambiguous, and thus under Villano this court may not consider the subsequent written judgment to determine the intended sentence. Maj. Op. at 856-57. In reviewing the transcript of the revocation hearing, however, it becomes apparent the oral sentence was laden with…