Professional Documents
Culture Documents
2d 620
Goldberger, Feldman & Breitbart, New York City (J. Jeffrey Weisenfeld,
New York City, of counsel), for appellant.
Paul J. Curran, U.S. Atty., New York City (T. Barry Kingham, S. Andrew
Schaffer, Asst. U.S. Attys., of counsel), for appellee.
Before OAKES, Circuit Judge, FRANKEL and KELLEHER, District
Judges. 1
KELLEHER, District Judge:
This appeal is from an order denying appellant's motion to have his
sentence as recorded in the written judgment and commitment, and docket
entries corrected so as to conform with its original oral pronouncement.
We reverse.
Appellant Raymond Marquez was convicted on September 11, 1969, in
the United States District Court for the Southern District of New York of
conspiracy to use interstate commerce and the mails to facilitate gambling
in violation of 18 U.S.C. 1952. On October 22, 1969, Judge Walter R.
Mansfield orally sentenced Marquez, who was before him as required by
Rule 43, F.R.Crim.P., 'to be committed to the custody of the Attorney
General or his authorized representative for imprisonment pursuant to his
conviction on count 2 of the indictment for a term of five years, and that
he be fined in addition the sum of $10,000, and that he be required to pay
the cost of the prosecution in this case against him.' In the written
judgment and commitment, dated and filed the same day, Marquez's
sentence was recorded as: 'FIVE (5) YEARS on count 2 and FINED
$10,000.00. The fine on count 2 is to be paid or the defendant is to stand
Of the Southern District of New York and the Central District of California,
respectively, sitting by designation