U.S. v. TUCKER, 6:11-cr-252-Orl-28GJK. (2012)
Court: District Court, M.D. Florida
Number: infdco20120622a13
Visitors: 15
Filed: Jun. 21, 2012
Latest Update: Jun. 21, 2012
Summary: ORDER JOHN ANTOON, II, District Judge. This cause is before the Court following a hearing on June 20, 2012. ( See Mins., Doc. 45). On June 8, 2012, I sentenced the Defendant to ten years' probation, including one year of home detention. ( See Doc. 42). However, as recognized by the Court and as agreed by counsel for the parties at the June 20 hearing, under 18 U.S.C. 3561(c)(1) such a term of probation is not authorized for a felony offense and constitutes clear error. Pursuant to Federal
Summary: ORDER JOHN ANTOON, II, District Judge. This cause is before the Court following a hearing on June 20, 2012. ( See Mins., Doc. 45). On June 8, 2012, I sentenced the Defendant to ten years' probation, including one year of home detention. ( See Doc. 42). However, as recognized by the Court and as agreed by counsel for the parties at the June 20 hearing, under 18 U.S.C. 3561(c)(1) such a term of probation is not authorized for a felony offense and constitutes clear error. Pursuant to Federal R..
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ORDER
JOHN ANTOON, II, District Judge.
This cause is before the Court following a hearing on June 20, 2012. (See Mins., Doc. 45). On June 8, 2012, I sentenced the Defendant to ten years' probation, including one year of home detention. (See Doc. 42). However, as recognized by the Court and as agreed by counsel for the parties at the June 20 hearing, under 18 U.S.C. § 3561(c)(1) such a term of probation is not authorized for a felony offense and constitutes clear error. Pursuant to Federal Rule of Criminal Procedure 35(a), the Court may correct such clear error within fourteen days after sentencing. Accordingly, as counsel have already been advised, Defendant will be re-sentenced on Friday, June 22, 2012, at 3:00 p.m.
DONE and ORDERED.
Source: Leagle
