United States Seventh Circuit
US v. Lawrence, 08-1856, 08-1857, 08-1858, 08-1862
A district court's corrections of its prior orders reducing defendants' sentences for drug offenses to "time served" are vacated, and the uncorrected reduced sentences are reimposed, where: 1) the corrections were untimely; 2) the error was due to the court's oversight and therefore was not subject to a "clerical error" exception to the timeliness requirements; and 3) the order sentencing defendants to time served remained open to appeal by the government.
Appellate Information
- Argued 06/03/2008
- Decided 07/25/2008
- Published 07/25/2008
Judges
- TINDER, Circuit Judge., Before KANNE, SYKES, and TINDER, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Jerome T. Flynn, Indiana Federal Community Defenders, Inc., Hammond, IN, for Francis Lawrence and Leon Johnson., Kerry C. Connor (argued), Federal Community Defenders Inc., Hammond, IN, for Anthony Jackson., John E. Martin, Indiana Federal Community Defenders, Inc., Hammond, IN, for David Anderson.
- For Appellees:
- Joshua P. Kolar (argued), Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee.