U.S. v. WERBER

Nos. 449, 1199, Dockets 94-1162, 94-1213.

51 F.3d 342 (1995)

UNITED STATES of America, Appellant, v. Gregory David WERBER, a.k.a. Gregory Allen Larson, a.k.a. Stephen Joseph Domozick, a.k.a. Mark J. Thomas, a.k.a. Alejandro Gancedo, a.k.a. David Hammerman, and John Peter Schmidt, a.k.a. Ronald Wertheim, a.k.a. Rodney Saegrov, a.k.a. John Blaser, a.k.a. Ronald Kaminski, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 29, 1995.


Attorney(s) appearing for the Case

Miguel A. Estrada, Special Asst. U.S. Atty., Washington, DC (Mary Jo White, U.S. Atty., Paul G. Gardephe, Asst. U.S. Atty., S.D. New York, of counsel), for appellant.

Georgia J. Hinde, New York City, for defendant-appellee John Peter Schmidt.

Gregory David Werber, pro se, Kenneth D. Wasserman, New York City, standby counsel.

Before: KEARSE, McLAUGHLIN, and CABRANES, Circuit Judges.


JOSÉ A. CABRANES, Circuit Judge:

The question presented is whether Rule 36 of the Federal Rules of Criminal Procedure permits a district court to amend a sentence imposed several months earlier on the ground that the court had mistakenly failed to depart downwardly under the U.S. Sentencing Guidelines. The United States District Court for the Southern District of New York (Lawrence M. McKenna, Judge) imposed the amended sentences on February 8, 1994, and...

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