Legal Opinion
United States v. Robert Kaye, Movant-Appellant
Court of Appeals for the Ninth Circuit
Decided August 6, 1984No. 83-5795PublishedCited by 29 opinions
1Opinion of the Court
SCHROEDER, Circuit Judge.
In an earlier appeal we affirmed appellant’s conviction on multiple counts but remanded for correction of an inadvertent failure to sentence on two of- the counts. United States v. DeLuca, 692 F.2d 1277, 1286 (9th Cir.1982). The issue here is whether Federal Rule of Criminal Procedure 36, pertaining to clerical mistakes, permits a sentencing judge in making the correction to add an additional prison term.
Appellant Kaye was convicted of 20 counts of conspiracy, attempted extortion, damage by explosives and racketeering. In the original sentencing, the district court…
2Cases cited7 opinions
- Pollard v. United StatesSupreme Court of the United States · 1957
- United States v. Paul Deluca, Robert Kaye, James Danno, and John LeeCourt of Appeals for the Ninth Circuit · 1982
- Fed. Sec. L. Rep. P 97,198 Roy Huey v. Teledyne, Inc.Court of Appeals for the Ninth Circuit · 1979
- United States v. Mary StuartCourt of Appeals for the Third Circuit · 1968
- Rupinski v. United StatesCourt of Appeals for the Sixth Circuit · 1925
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- United States v. Anthony F. DaddinoCourt of Appeals for the Seventh Circuit · 1993
- United States v. BurtCourt of Appeals for the Ninth Circuit · 1985
- United States v. Todd PennaCourt of Appeals for the Ninth Circuit · 2003
- In the Matter of American Precision Vibrator Company, Debtor. American Precision Vibrator Company v. National Air Vibrator Co.Court of Appeals for the Fifth Circuit · 1989
- United States v. E. Gordon Dickie, M.D.Court of Appeals for the Ninth Circuit · 1985
24 more not listed; retrieve them via the Exa API.