UNITED STATES v. McCLAIN

Nos. 21-2089 & 21-2090.

16 F.4th 487 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. David McCLAIN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 18, 2021.


Attorney(s) appearing for the Case

Eugene L. Miller , Attorney, Office of the United States Attorney, Urbana Division, Urbana, IL, for Plaintiff-Appellee.

Peter W. Henderson , Attorney, Office of the Federal Public Defender, Urbana, IL, for Defendant-Appellant.

Before Easterbrook, Kanne, and St. Eve, Circuit Judges.


The district court modified David McClain's two federal prison sentences under Rule 36 of the Federal Rules of Criminal Procedure, and McClain appeals. He contends that the changes—which added 18 months of prison time and required him to re-enter federal prison after he had been released—were not merely clerical...

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