United States v. Frank Martinez

O’SCANNLAIN, Circuit Judge:

In this proceeding under 28 U.S.C. § 2255, we are asked to decide whether an individual sentenced to incarceration, but never ordered to report to prison because of a court clerical error, can be compelled to start serving his sentence seven and one-half years later when the government first discovers the mistake.

FACTS AND PROCEEDINGS

In 1972 Martinez was employed as a business agent for the Teamsters' Union, in connection with which he was indicted for obstruction of justice, 18 U.S.C. § 1503, and for conspiring to violate the Racketeer Influenced and Corrupt…