United States Fifth Circuit

A decision amending a 1995 judgment sentencing defendant for carjacking, resulting in an increase to the amount of restitution owed, is affirmed where: 1) under a reasonable reading of the relevant rules and case law, the district court's amendment amounted to a clerical revision that did not substantively alter defendant's sentence; and 2) thus, the time limitation of Federal Rule of Criminal Procedure 35 was inapplicable.

Appellate Information

• Decided 01/14/2008
• Published 01/14/2008

Judges

• ELROD, Circuit Judge:, Before HIGGINBOTHAM, STEWART and ELROD, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Kerry M. Klintworth, Asst. U.S. Atty., Beaumont, TX, for U.S., Jani J. Maselli, Houston, TX, for Spencer.