UNITED STATES v. KAYE

No. 83-5795.

739 F.2d 488 (1984)

UNITED STATES of America, Respondent-Appellee, v. Robert KAYE, Movant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 6, 1984.


Attorney(s) appearing for the Case

Janet Goldstein, Asst. U.S. Atty., Los Angeles, Cal., for respondent-appellee.

Bernard L. Segal, San Francisco, Cal., for movant-appellant.

Before WRIGHT, TANG, and SCHROEDER, Circuit Judges.


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...

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