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U.S. v. VILLANO

No. 85-2535.

816 F.2d 1448 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Paul C. "Paulie" VILLANO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 21, 1987.

Attorney(s) appearing for the Case

Arthur M. Schwartz (Michael W. Gross, with him on the briefs), Denver, Colo., for defendant-appellant.

Richard Marien, U.S. Dept. of Justice, Kansas City, Kan. (Robert N. Miller, U.S. Atty., Denver, Colo., and A. Mary Sterling, U.S. Dept. of Justice, Kansas City, Kan., on the briefs) for plaintiff-appellee.

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

ON REHEARING EN BANC

BALDOCK, Circuit Judge.

Defendant, Paul C. Villano, filed a motion in federal district court to correct a clerical mistake in the order of judgment and commitment. He asserts that the sentence spoken by the trial judge is different from what appears on the judgment and commitment order, and because the two conflict, the oral sentence should control. The district court denied his motion, and...

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