UNITED STATES v. MOYLES

No. 402, Docket 83-1211.

724 F.2d 29 (1983)

UNITED STATES of America, Appellee, v. Donald Robert MOYLES, Appellant.

United States Court of Appeals, Second Circuit.

Decided December 20, 1983.


Attorney(s) appearing for the Case

Holly B. Fitzsimmons, Asst. U.S. Atty., Bridgeport, Conn. (Alan H. Nevas, U.S. Atty., New Haven, Conn., Michael David Spivak, Law Student Intern, on brief), for appellee.

James W. Bergenn, Asst. Federal Public Defender for the D. of Conn., Hartford, Conn. (Thomas G. Dennis, Federal Public Defender for the D. of Conn., Hartford, Conn.), for appellant.

Before KAUFMAN, VAN GRAAFEILAND and HAYNSWORTH, Circuit Judges.


IRVING R. KAUFMAN, Circuit Judge:

In this case we consider the legal import of an ambiguity in an orally pronounced sentence when the confusion is promptly repaired in writing by the sentencing judge. We begin with the pertinent facts.

In July 1982, a grand jury returned a fifteen-count indictment against Donald Moyles, charging him with mail fraud, in violation of 18 U.S.C. § 1341, and misuse of social security numbers, in violation of 42 U.S.C. §...

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