Does the sentencing of a defendant have to be amended or amended after the sentencing hearing held prior to the filing of a notice of appeal?
MultiRegion, United States of America
The following excerpt is from U.S. v. Cortez-Valdez, 867 F.2d 613 (9th Cir. 1989):
Here, at the Rule 35 hearing held prior to the filing of the notice of appeal, the district court clarified its treatment of the two disputed assertions at the time of sentencing. See United States v. Salas, 824 F.2d at 753. The only order entered after the filing of the notice of appeal was the order directing that its findings be appended to the presentence report. The court had jurisdiction to enter an order that was essentially ministerial in nature.
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