United States v. Hinton
Opinion of the Court
Sidney Harrell, appointed counsel for Willie Hinton, has filed a motion to with
The jury convicted Hinton of possession with the intent to distribute oxycodone within 1,000 feet of a public housing facility, but in its resentencing order, the district court inadvertently sentenced Hinton for “possession with intent to distribute oxycodone in a school zone.” The penalties for these offenses are identical. See 21 U.S.C. §§ 841(a)(1), 860. We therefore affirm Hinton’s conviction and sentence but remand with instructions to correct the clerical error in the district court’s resen-tencing order. See Fed.R.Crim.P. 36.
MOTION GRANTED. CONVICTION AND SENTENCE AFFIRMED; REMANDED FOR THE LIMITED PURPOSE TO CORRECT CLERICAL ERROR.
Reference
- Full Case Name
- United States v. Willie Merer HINTON, a.k.a. Chill, a.k.a. Chill Will
- Status
- Published