United States v. Miguel Navarro-Espinosa

Opinion by Judge SCHROEDER.

Miguel Navarro-Espinosa appeals his conviction and sentence for conspiracy to distribute heroin, 21 U.S.C. § 846 ; distribution of heroin, 21 U.S.C. § 841 (a)(1); and aiding and abetting distribution of heroin, 18 U.S.C. § 2 . His challenges to the underlying conviction are without merit and can be disposed of easily. His challenge to the district court’s authority to correct his sentence pursuant to Federal Rule of Criminal Procedure 35(c) detains us longer, but we nevertheless affirm. We deal with that issue first.

Defendant’s presentence report recommended a sentence of 10 years’ imprisonment, followed by 4 years of supervised release. The report also detailed several recommended conditions of supervised release. Defendant did not object to any of the recommended conditions. At the sentencing hearing on June 25, 1993, the court in pronouncing sentence adopted the recommendations of the presentence report, but inadvertently neglected to mention the conditions of supervised release detailed therein. At. defendant’s request, the court delayed formal entry of defendant’s conviction and sentence.

On July 12,1993, the government moved to correct…