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United States v. Barry, 98-1869 (1999)

Court: Court of Appeals for the First Circuit Number: 98-1869 Visitors: 6
Filed: Sep. 20, 1999
Latest Update: Mar. 02, 2020
Summary: Circuit Judges., Donald K. Stern, United States Attorney, and Robert E., Richardson, Assistant U.S. Attorney, on brief for appellee. Because the district court, had the power to make this correction, there is no error in the, written judgment and defendant is not entitled to its, correction.
USCA1 Opinion


       [NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]

United States Court of Appeals
For the First Circuit





No. 98-1869

UNITED STATES,

Appellee,

v.

ROBERT M. BARRY,

Defendant, Appellant.



APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Nathaniel M. Gorton, U.S. District Judge]



Before

Selya, Boudin and Lynch,
Circuit Judges.




Robert M. Barry on brief pro se.
Donald K. Stern, United States Attorney, and Robert E.
Richardson, Assistant U.S. Attorney, on brief for appellee.





September 16, 1999








Per Curiam. Defendant Robert M. Barry appeals from
the denial of his motion to correct his sentence, filed under
Fed. R. Crim. P. 36. We have carefully reviewed the record and
the parties' briefs and conclude that the addition of
restitution in the written judgment of conviction was
authorized by Fed. R. Crim. P. 35(c). See United States v.
Uccio, 917 F.2d 80 (2d Cir. 1990). Because the district court
had the power to make this correction, there is no error in the
written judgment and defendant is not entitled to its
correction.
The judgment of the district court is affirmed. See
Local Rule 27.1.
Source:  CourtListener

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