United States Sixth Circuit

In a prosecution for unarmed bank robbery, the sentence and judgment is vacated and the case remanded for resentencing where: 1) the district court lacked authority under either Federal Rule of Criminal Procedure 35 or Rule 36 to correct any mistake in the oral sentence via the written judgment and, thus, the oral sentence was controlling on appeal; 2) the district court exceeded its statutory authority and pronounced an unlawful sentence in orally sentencing defendant to concurrent terms of 310 months imprisonment on each count; and 3) the sentence did not meet the minimum standards for procedural reasonableness.

Appellate Information

• Decided 05/27/2008
• Published 05/27/2008

Judges

• Before: MOORE and COLE, Circuit Judges;  WISEMAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Vanessa Faye Malone, Federal Public Defender's Office, Cleveland, Ohio, for Appellant.  Gary D. Arbeznik, Assistant United States Attorney, Cleveland, Ohio, for Appellee.