UNITED STATES v. DeLEO

No. 80-2540.

644 F.2d 300 (1981)

UNITED STATES of America v. DeLEO, Joseph. Appeal of Joseph DeLEO.

United States Court of Appeals, Third Circuit.

Decided March 27, 1981.


Attorney(s) appearing for the Case

Gilbert J. Scutti, (argued), Marroletti, Dickstein & Scutti, Philadelphia, Pa., for appellant.

Peter F. Vaira, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief, Appellate Section, Robert E. Welsh, Jr. (argued), Asst. U. S. Atty., Philadelphia, Pa., for appellee.

Before ALDISERT and HIGGINBOTHAM, Circuit Judges, and STERN, District Judge.


OPINION OF THE COURT

PER CURIAM.

The question for decision is whether the district court erred when it "corrected" appellant's sentence, substituting a fine of $5,000 for payment of restitution in the same amount. We conclude that the amendment was unauthorized, and therefore we will vacate the judgment and remand for further proceedings.

Appellant Joseph DeLeo pleaded guilty to five counts of a thirty-five count indictment, pursuant to a plea agreement...

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