United States Second Circuit

Even though a district court's ability to modify a sentence is narrowly circumscribed by Fed. R. Crim. P. 35 and 36, it still retains inherent authority to interpret ambiguities in its own orders and judgments.

Appellate Information

• Decided 03/04/2005
• Published 03/04/2005

Judges

• RAGGI, Circuit Judge:, Before:  SACK, RAGGI, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Vivian Shevitz, South Salem, New York (Melvyn Roth, Garden City, New York, of counsel), for Defendant-Appellant., Jeffrey A. McLellan, Attorney, Tax Division, United States Department of Justice, Washington, D.C. (Eileen J. O'Connor, Assistant Attorney General, Tax Division;  Robert J. Lindsay, Alan Hechtkopf, John Hinton III, Attorneys, Tax Division, on the brief;  Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Brooklyn, New York, of counsel), for Appellee.