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U.S. v. EARLEY

No. 85-2673.

816 F.2d 1428 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick Henry EARLEY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 21, 1987.

Attorney(s) appearing for the Case

James W. Berry of James W. Bill Berry & Associates, Oklahoma City, Okl., for defendant-appellant.

Arlene Joplin, Asst. U.S. Atty. (William S. Price, U.S. Atty., and Karla McAlister, Asst. U.S. Atty., on the briefs), Oklahoma City, Okl., for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, BARRETT, McKAY, LOGAN, SEYMOUR, ANDERSON, TACHA, and BALDOCK, Circuit Judges.

ON REHEARING EN BANC

LOGAN, Circuit Judge.

The only issue in this appeal is whether a federal district judge who failed to state whether sentences he imposed were consecutive to or concurrent with a preexisting federal sentence may order, five months later and after the defendant was imprisoned, that the sentences were to be consecutive. The district judge described his later order as a "clarification ... to eliminate any ambiguity as to the Court's intention...

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