U.S. v. MARTINEZ

No. 85-6553.

837 F.2d 861 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Frank MARTINEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 21, 1988.


Attorney(s) appearing for the Case

William J. Landers, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Bryan Sheldon, Law Offices of Allan A. Sigel, Los Angeles, Cal., for defendant-appellant.

Before ALARCON and O'SCANNLAIN, Circuit Judges, and BROOMFIELD, District Judge.


O'SCANNLAIN, Circuit Judge:

In this proceeding under 28 U.S.C. § 2255, we are asked to decide whether an individual sentenced to incarceration, but never ordered to report to prison because of a court clerical error, can be compelled to start serving his sentence seven and one-half years later when the government first discovers the mistake.

FACTS AND PROCEEDINGS

In 1972 Martinez was employed as a business agent for the Teamsters' Union, in...

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