United States Seventh Circuit

In an appeal from a sentence for structuring financial transactions to evade currency-reporting requirements, wherein it was claimed that the written judgment was allegedly inconsistent with the oral pronouncement, a decision deleting a phrase from the written judgment is vacated, and the appeal itself dismissed where: 1) the error was not clerical since the language at issue was added with the judge's knowledge and Rule 36 cannot be used to enlarge the time provided by Rule 35(a) for fixing judicial mistakes; 2) further, a district court may not interfere with the appellate court's jurisdiction by amending a decision that is under appellate review; and 3) the appeal at hand did not raise a justiciable question since a "recommendation" standing alone may not be reviewed or"corrected" by a court of appeals.

Appellate Information

• Decided 06/12/2008
• Published 06/12/2008

Judges

Court

• United States Seventh Circuit

Counsel