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United States v. Carnell, 18-cr-40066-JPG. (2019)

Court: District Court, S.D. Illinois Number: infdco20191112c07 Visitors: 12
Filed: Nov. 08, 2019
Latest Update: Nov. 08, 2019
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter is before this Court on the Government's motion to supplement the record on appeal pursuant to Federal Rule of Appellate Procedure 10(e)(2)(B) with exhibits from defendant Scott A. Carnell's sentencing hearing (Doc. 165). The record on appeal in all cases consists solely of "(1) the original papers and exhibits filed in the district court; (2) the transcript of proceedings, if any; and (3) a certified copy of the docket e
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MEMORANDUM AND ORDER

This matter is before this Court on the Government's motion to supplement the record on appeal pursuant to Federal Rule of Appellate Procedure 10(e)(2)(B) with exhibits from defendant Scott A. Carnell's sentencing hearing (Doc. 165).

The record on appeal in all cases consists solely of "(1) the original papers and exhibits filed in the district court; (2) the transcript of proceedings, if any; and (3) a certified copy of the docket entries prepared by the district clerk." Fed. R. App. P. 10(a). Generally, modification of a record on appeal is not permitted. Rule 10(e) is a limited exception to this general rule. It allows correction or modification "[i]f any difference arises about whether the record truly discloses what occurred in the district court[.]" Fed. R. App. P. 10(e)(1). When it arises, "the difference must be submitted to and settled by [the district] court and the record conformed accordingly." Id. "This rule is meant to ensure that the record reflects what really happened in the district court, but `not to enable the losing party to add new material to the record in order to collaterally attack the trial court's judgment.'" United States v. Banks, 405 F.3d 559, 567 (7th Cir. 2005) (quoting United States v. Elizalde-Adame, 262 F.3d 637, 641 (7th Cir. 2001)).

The exhibits should already technically part of the record on appeal because they were actually tendered to the Court at the sentencing. However, they are not reflected on the docket sheet in connection with that hearing. Therefore, the Court finds that it would be appropriate to supplement the existing docket sheet with the exhibits attached to the motion. According, the Court GRANTS the motion (Doc. 165) and DIRECTS the Clerk of Court to add the tendered exhibits as an attachment to the minutes of the sentencing hearing (Doc. 107).

IT IS SO ORDERED.

Source:  Leagle

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