Bartone v. United States, 375 U.S. 52 (1963)

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE FIFTH CIRCUIT

Syllabus

After a hearing in open court and in the presence of petitioner and his counsel, a Federal District Judge orally revoked petitioner’s probation and sentenced him to imprisonment for one year. Later on the same day, in petitioner’s absence, a written judgment was entered committing petitioner to imprisonment for one year and one day. Although the propriety of this enlargement of the sentence was presented on appeal, along with other questions, the Court of Appeals affirmed without mentioning this point.

Held: Certiorari is granted and the judgment denying correction of the sentence is reversed, since the error in enlarging the sentence in the absence of petitioner was plain in light of the requirements of Federal Rule of Criminal Procedure 43. Pp. 52-54.

37 F. 2d 608, certiorari granted; reversed.