United States v. Frank Martinez

In this proceeding under 28 U.S.C. § 2255 , we are asked to decide whether an individual sentenced to incarceration, but never ordered to report to prison because of a court clerical error, can be compelled to start serving his sentence seven and one-half years later when the government first discovers the mistake.

FACTS AND PROCEEDINGS

In 1972 Martinez was employed as a business agent for the Teamsters' Union, in connection with which he was indicted for obstruction of justice, 18 U.S.C. § 1503 , and for conspiring to violate the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962 . Although acquitted of the conspiracy charge, he was convicted of obstruction of justice, and on April 11,1973 was sentenced to four years’ imprisonment. We affirmed Martinez’s conviction in United States v. Campanale, 518 F.2d 352 (9th Cir.1975), and the Supreme Court denied Martinez’s petition for certiorari. Grancich v. United States, 423 U.S. 1050 , 96 S.Ct. 777 , 46 L.Ed.2d 638 (1976).

On March 8, 1976 the district court spread upon the record the mandate of the court of appeals affirming the convictions of Martinez and his codefendant. The court's minute order contains no…