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United States v. Aljabri

United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604
Apr 23, 2012
476 F. App'x 85 (7th Cir. 2012)

Opinion

No. 11-2482

04-23-2012

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. SALEM FUAD ALJABRI, Defendant-Appellant.


NONPRECEDENTIAL DISPOSITION

To be cited only in accordance

with Fed. R. App. P. 32.1


Before


JOEL M. FLAUM, Circuit Judge


ANN CLAIRE WILLIAMS, Circuit Judge


DIANE S. SYKES, Circuit Judge


Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.


No. 06 CR 562


Charles R. Norgle, Sr.

Judge.


ORDER

On March 24, 2007, Salem Fuad Aljabri was convicted of a total of 25 counts of money laundering, wire fraud, and structuring transactions to evade required reporting. His sentence included a $2,400 special assessment. On February 2, 2010, this court issued an opinion vacating the five money-laundering counts and remanding the matter for resentencing on the remainder. United States v. Aljabri, 363 F. App'x 403 (7th Cir. 2010). Pursuant to that remand, the district court held a sentencing hearing on June 17, 2011. At the hearing the district court imposed an oral sentence that included a special assessment of $1,900. However, the written judgment issued by the district court specified an assessment of $2,400. The oral sentence was the correct one—19 counts remained on remand, and 18 U.S.C. § 3013(a)(2)(A) requires an assessment of $100 for each conviction. Rather than asking the district court to correct the error via a motion under Rule 36 of the Federal Rules of Criminal Procedure, Aljabri appealed to this court to resolve the discrepancy.

We decline to do so. When a district court has committed a clerical error and we have jurisdiction through a properly filed appeal, we have the power to correct the problem ourselves under Rule 36. United States v. Bonner, 522 F.3d 804, 808-09 (7th Cir. 2008). However, we generally prefer to vacate the flawed order and instruct the district court to fix its own mistake. Id. We pursue that course here.

The amended judgment is VACATED, and the case is REMANDED solely for the district court to correct the above-specified clerical error.


Summaries of

United States v. Aljabri

United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604
Apr 23, 2012
476 F. App'x 85 (7th Cir. 2012)
Case details for

United States v. Aljabri

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. SALEM FUAD ALJABRI…

Court:United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604

Date published: Apr 23, 2012

Citations

476 F. App'x 85 (7th Cir. 2012)

Citing Cases

United States v. Aljabri

On appeal, the Seventh Circuit once again remanded Aljabri's sentence due to a clerical error in the amount…