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U.S. v. FIELDS

No. 07-5137.

552 F.3d 401 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Jordan FIELDS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 14, 2009.

Attorney(s) appearing for the Case

ARGUED: Parks Nolan Small, Federal Public Defender, Columbia, South Carolina, for Appellant. Dean A. Eichelberger, Office of the United States Attorney, Columbia, South Carolina, for Appellee. ON BRIEF: Kevin F. McDonald, Acting United States Attorney, Office of the United States Attorney, Columbia, South Carolina, for Appellee.

Vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge MICHAEL and Judge KING joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

On remand for resentencing, the district court sentenced Robert Jordan Fields to a twelve-month term of imprisonment but declined to impose the fine that it had imposed with Fields's original sentence. Four days later, the court did impose the fine, stating that it had intended to do so when resentencing Fields but because of an oversight had not. Fed.R.Crim.P. 35(a) requires...

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