U.S. v. ABREAU-CABRERA

No. 1071, Docket 94-1429.

64 F.3d 67 (1995)

UNITED STATES of America, Appellant, v. Ramon Wilberto ABREU-CABRERA, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 23, 1995.


Attorney(s) appearing for the Case

David R. Homer, Asst. U.S. Atty., N.D.N.Y., Albany (Thomas J. Maroney, U.S. Atty., Kimberly M. Zimmer, Asst. U.S. Atty., of counsel), for appellant.

Frederick P. Korkosz, Albany, NY, for appellee.

Before: OAKES, CARDAMONE, and ALTIMARI, Circuit Judges.


CARDAMONE, Circuit Judge:

This appeal requires us to construe the meaning of Rule 35(c) of the Federal Rules of Criminal Procedure, which governs corrections of sentencing errors. That Rule provides: "The court, acting within 7 days after the imposition of sentence, may correct a sentence that was imposed as a result of arithmetical, technical, or other clear error." The very language of the Rule, we think, makes clear that a sentencing court is not authorized to...

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