United States v. Said ( 2010 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 09-7168
    UNITED STATES OF AMERICA,
    Plaintiff - Appellee,
    v.
    MOHAMMED ASAD SAID,
    Defendant - Appellant.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria.  T. S. Ellis, III, Senior
    District Judge. (1:03-cr-00556-TSE-1)
    Submitted:    January 13, 2010              Decided:   January 26, 2010
    Before WILKINSON, KING, and GREGORY, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Mohammed Asad Said, Appellant Pro Se. Lawrence Joseph Leiser,
    Assistant United States Attorney, Alexandria, Virginia, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Mohammed Asad Said appeals the district court’s order
    denying his motion to correct judgment and commitment order.                      We
    have       reviewed       the     record   and   find   no    reversible    error. *
    Accordingly, we affirm for the reasons stated by the district
    court.      United States v. Said, No. 1:03-cr-00556-TSE-1 (E.D. Va.
    Apr. 30, 2009).             We dispense with oral argument because the
    facts      and    legal    contentions     are   adequately    presented    in   the
    materials        before     the    court   and   argument    would   not   aid   the
    decisional process.
    AFFIRMED
    *
    See Baca v. United States, 
    383 F.2d 154
    , 157 (10th Cir.
    1967) (where the oral judgment is ambiguous, the written
    judgment and commitment order may be used to clarify the
    intention of the sentencing judge); see also United States v.
    Morse, 
    344 F.2d 27
    , 30 (4th Cir. 1965) (the court “should carry
    out the true intention of the sentencing judge as this may be
    gathered from what he said at the time of sentencing.”).
    2
    

Document Info

Docket Number: 09-7168

Filed Date: 1/26/2010

Precedential Status: Non-Precedential

Modified Date: 4/18/2021