United States v. Jonathan McGinley

MEMORANDUM

Plaintiff Jonathan McGinley (“McGin-ley”) appeals the district court’s written imposition of a 46-month term of supervised release. We review de novo whether a district court had jurisdiction to correct an orally imposed sentence under Federal Rule of Criminal Procedure 35 and a district court’s application of the supervised release statute. We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 , and we affirm.

1. McGinley first argues that the district court’s February 25, 2010 written clarification of its February 16, 2010 oral sentence was improper.

During the February 16 sentencing hearing, the district court stated that McGinley was “at one time one of the most dangerous people I’ve dealt with in 37 years.” When the district court then pronounced the sentence, it stated that it was varying upwards pursuant to 18 U.S.C. § 3553 (a) to “a 14 month term of supervised release.” The court also stated that “[t]he remaining conditions will remain the same.”

In its corresponding written judgment of February 25, 2010, the district court imposed a 14-month term of imprisonment followed by a 46-month term of supervised release. The district court’s oral…