United States Fourth Circuit

In a sentencing appeal arising when, during a resentencing proceeding, a district court committed an oversight as to a fine, which it then corrected a few days later, the imposition of the sentence plus fine is vacated and remanded where Fed. R. Crim. P. 35(a) required imposition of the sentence ordered at the first resentencing hearing, i.e. the sentence without a fine.

Appellate Information

• Decided 01/14/2009
• Published 01/14/2009

Judges

• Before MICHAEL, MOTZ, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• 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.