Sentencing — Rule 36 modifications

Posted November 3, 2021 11:02 AM

Where district court incorrectly modified sentence in an attempt to conform to prior oral pronouncement, modification was not valid and prior sentence was required to be reinstated.The 7th U.S. Circuit Court of Appeals reversed a decision by Judge Michael M. Mihm, Central District of Illinois.In 2012, David McClain pleaded guilty to distributing cocaine and to violating conditions of his supervised release on a prior federal conviction for delivery of a controlled substance by committing a new offense while on supervision. …

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