United States v. Robert Kaye

Ninth Circuit

United States v. Robert Kaye

763 F.2d 1115

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 24, 1985

Docket85-5042

StatusPublished

This text of 763 F.2d 1115 (United States v. Robert Kaye) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Robert Kaye, 763 F.2d 1115 (9th Cir. 1985).

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ORDER CORRECTING SENTENCE

The defendant is again before us, following our remand for entry of an order correcting his sentence. United States v. Kaye, 739 F.2d 488 (9th Cir.1984). On remand, the district court spread the mandate as ordered, as to counts 3 and 6, but did not issue a new Judgment of Sentence and Commitment reflecting the sentences as ordered by this court.

In our opinion in United States v. DeLuca, 692 F.2d 1277 (9th Cir.1982), we reversed Kaye’s convictions on six counts numbered 4, 10, 12, 14, 16 and 18, in which he had been charged with arson. The record below incorrectly failed to show that those six counts had been ordered dismissed.

In the interest of fairness and judicial economy and in order to bring this matter to a conclusion

IT IS ORDERED that the Judgment and Commitment be corrected to read that the sentence imposed on counts 3 and 6 is to run concurrently with the sentence previously imposed on counts 2, 5, 7, 8, 9,11,13, 15, 17, 19 and 20 and to read that counts 4, 10, 12, 14, 16 and 18 are dismissed.

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ORDER CORRECTING SENTENCE

The defendant is again before us, following our remand for entry of an order correcting his sentence. United States v. Kaye, 739 F.2d 488 (9th Cir.1984). On remand, the district court spread the mandate as ordered, as to counts 3 and 6, but did not issue a new Judgment of Sentence and Commitment reflecting the sentences as ordered by this court.

In our opinion in United States v. DeLuca, 692 F.2d 1277 (9th Cir.1982), we reversed Kaye’s convictions on six counts numbered 4, 10, 12, 14, 16 and 18, in which he had been charged with arson. The record below incorrectly failed to show that those six counts had been ordered dismissed.

In the interest of fairness and judicial economy and in order to bring this matter to a conclusion

IT IS ORDERED that the Judgment and Commitment be corrected to read that the sentence imposed on counts 3 and 6 is to run concurrently with the sentence previously imposed on counts 2, 5, 7, 8, 9,11,13, 15, 17, 19 and 20 and to read that counts 4, 10, 12, 14, 16 and 18 are dismissed.

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763 F.2d 1115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-robert-kaye-ca9-1985.

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