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131625P.pdf 06/26/2013 United States v. Joseph Cannon
U.S. Court of Appeals Case No: 13-1625
U.S. District Court for the Eastern District of Missouri - Cape Girardeau
[PUBLISHED] [Colloton, Author, with Gruender and Benton, Circuit Judges]
Criminal Case - supervised release. The district court erred in amending
the judgment under Fed. R Crim. P. 35(a) and imposing additional prison
time after learning that the Bureau of Prisons intended to award credit
for time spent in state custody. Rule 35(a) is limited to sentences that
are incorrect or unreasonable as a matter of law; misunderstanding or
mistaken prediction about how the Bureau of Prisons would compute credit
is not sufficient reason to alter a sentence under "other clear error."