US v. Barwig, No. 08-3062

Defendant's sentence for violating the terms of her supervised release is reversed, where the District Court's oral pronouncement of Defendant's sentence at an earlier sentence hearing unambiguously imposed a term of supervised release, and thus the court erred by sentencing Defendant to five years' imprisonment when it revoked that earlier sentence.

Read the full decision in US v. Barwig, No. 08-3062.

Appellate Information:

Appeal from the United States District Court for the District of Kansas
(D.C. No. 6:05-CR-10155-JTM-1)
Filed on June 17, 2009

Judges:

Before LUCERO, BALDOCK, and MURPHY, Circuit Judges.
Opinion by LUCERO, Circuit Judge.

Counsel:

John T. Carlson, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with him on the briefs), Office of the Federal Public Defender for the Districts of Colorado and Wyoming, Denver, Colorado, for Defendant-Appellant.

Jared S. Maag, Assistant United States Attorney (Marietta Parker, Acting United States Attorney, and Mona L. Furst, Assistant United States Attorney, with him on the briefs), Office of the United States Attorney for the District of Kansas, Topeka, Kansas, for Plaintiff-Appellee.