U.S. Court of Appeals for the Fifth Circuit, 2011

United States v. William Tilley

United States v. William Tilley
U.S. Court of Appeals for the Fifth Circuit · Decided December 29, 2011 · Wiener, Stewart, Haynes
455 F. App'x 525

United States v. William Tilley

Opinion

PER CURIAM: *

Defendant-Appellant William Allen Til-ley’s probation was revoked and he was sentenced to 60 months of imprisonment and three years of supervised release and ordered to pay the $15,000 fine originally imposed. In his sole issue for appeal, he contends that there is a clerical error in *526 the judgment of the offense of conviction that should be remanded for correction.

The judgment for the offense of conviction states that Tilley was convicted of conspiracy to distribute marijuana in violation of 21 U.S.C. § 841(a)(1)(D). Tilley was charged with violating § 841(b)(1)(D), and § 841(a)(1)(D) does not exist. Cfi § 841.

The case is remanded to the district court for the limited purpose of correcting the oi'iginal judgment to reflect that Tilley was convicted and sentenced under § 841(b)(1)(D) rather than § 841(a)(1)(D). See Fed.R.CrimP. 36. The district court’s judgment is AFFIRMED in all other respects.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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