United States v. Said

• Court: Court of Appeals for the Fourth Circuit
• Decided: January 26, 2010
• Docket: 09-7168
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-7168

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

MOHAMMED ASAD SAID,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, Senior District Judge. (1:03-cr-00556-TSE-1)

Submitted: January 13, 2010 Decided: January 26, 2010

Before WILKINSON, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Mohammed Asad Said, Appellant Pro Se. Lawrence Joseph Leiser, Assistant United States Attorney, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Mohammed Asad Said appeals the district court’s order

denying his motion to correct judgment and commitment order. We

have reviewed the record and find no reversible error. *

Accordingly, we affirm for the reasons stated by the district

court. United States v. Said, No. 1:03-cr-00556-TSE-1 (E.D. Va.

Apr. 30, 2009). We dispense with oral argument because the

facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

AFFIRMED

* See Baca v. United States, 383 F.2d 154, 157 (10th Cir. 1967) (where the oral judgment is ambiguous, the written judgment and commitment order may be used to clarify the intention of the sentencing judge); see also United States v. Morse, 344 F.2d 27, 30 (4th Cir. 1965) (the court “should carry out the true intention of the sentencing judge as this may be gathered from what he said at the time of sentencing.”).