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discussed
Cited as authority (verbatim quote)
United States v. Bustam
5th Cir. · 2023 · quote attribution · 1 verbatim quote
· confidence high
where there is any variation between the oral and written pronouncements of sentence, the oral sentence prevails.
discussed
Cited as authority (verbatim quote)
United States v. Garcia
5th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote
· confidence high
the district court's failure to mention mandatory drug treatment in its oral pronouncement constitutes a conflict, not an ambiguity.
examined
Cited as authority (verbatim quote)
United States v. Chanda Huor
(3×)
also: Cited as authority (rule), Cited "see"
5th Cir. · 2017 · signal: see, e.g. · quote attribution · 1 verbatim quote
· confidence high
the district court's failure to mention mandatory drug treatment in its oral pronouncement constitutes a conflict, not an ambiguity.
examined
Cited as authority (verbatim quote)
United States v. Chanda Huor
(3×)
also: Cited as authority (rule), Cited "see"
5th Cir. · 2017 · signal: see, e.g. · quote attribution · 1 verbatim quote
· confidence high
the district court's failure to mention mandatory drug treatment in its oral pronouncement constitutes a conflict, not an ambiguity.
discussed
Cited as authority (verbatim quote)
United States v. Richard Higgins
(2×)
also: Cited as authority (rule)
5th Cir. · 2014 · quote attribution · 1 verbatim quote
· confidence high
if, however, there is merely an ambiguity between the two sentences, the entire record must be examined to determine the district court's true intent.
discussed
Cited as authority (verbatim quote)
United States v. Richard Higgins
(2×)
also: Cited as authority (rule)
5th Cir. · 2014 · quote attribution · 1 verbatim quote
· confidence high
if, however, there is merely an ambiguity between the two sentences, the entire record must be examined to determine the district court's true intent.
examined
Cited as authority (verbatim quote)
United States v. Vega
(2×)
also: Cited as authority (rule)
5th Cir. · 2003 · quote attribution · 1 verbatim quote
· confidence high
because the district court failed to mention mandatory drug treatment, a special condition, at sentencing, we remand the case for the district court to amend its written judgment to its oral sentence.
examined
Cited as authority (verbatim quote)
United States v. Casas
(3×)
also: Cited "see"
5th Cir. · 2002 · quote attribution · 1 verbatim quote
· confidence high
in this circuit, it is well settled law that where there is any variation between the oral and written pronouncements of sentence, the oral sentence prevails.
discussed
Cited as authority (rule)
United States v. Vacchino
5th Cir. · 2026 · confidence medium
The court may do so via “[o]ral in-court adoption of a written list of proposed conditions” like those in a presentence report or a standing order. 4 “This Court has long faithfully adhered to the rule that any variance between oral and written versions of the same sentence will be resolved in favor of the oral sentence.” 5 However, that is necessary only if the oral _____________________ 2 United States v. Diggles, 957 F.3d 551, 556 (5th Cir. 2020) (en banc) (citing United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001)) 3 Id. at 558-59; see also 18 U.S.C. § 3583 (d) (listing s…
cited
Cited as authority (rule)
United States v. Ahmadou
5th Cir. · 2025 · confidence medium
United States v. Garza, 448 F.3d 294, 302 (5th Cir. 2006) (citing United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001)).
cited
Cited as authority (rule)
United States v. Chicol-Najarro
5th Cir. · 2025 · confidence medium
If the discrepancy creates a conflict, “the oral pronouncement controls.” United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001).
discussed
Cited as authority (rule)
United States v. Rosado
2d Cir. · 2024 · confidence medium
See, e.g., United States v. Greer, 285 F.3d 158, 170 (2d Cir. 2000) (declining to consider arguments not raised in parties’ appellate briefs). 4 We, therefore, will not diverge from the typical practice of striking unpronounced conditions. 3 Cf. also United States v. Schultz, 88 F.4th 1141, 1147 (5th Cir. 2023) (“Because the written judgment and oral pronouncement conflict, we REMAND to the district court to amend the written judgment to conform with the oral announcement.”); United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001) (per curiam) (remanding to amend written judgment to…
discussed
Cited as authority (rule)
United States v. De Leon
5th Cir. · 2024 · confidence medium
A De Leon asserts that the standard conditions of her supervised release were not orally pronounced at sentencing and must be removed from the _____________________ 4 United States v. Vega, 332 F.3d 849, 852 (5th Cir. 2003) (per curiam) (citing United States v. Martinez, 250 F.3d 941, 941 (5th Cir. 2001) (per curiam)); see also Fed.
cited
Cited as authority (rule)
United States v. Schultz
5th Cir. · 2023 · confidence medium
United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001).
discussed
Cited as authority (rule)
Christin Kilcrease v. City of Tupelo, Mississippi
Miss. Ct. App. · 2023 · confidence medium
The right to be present at sentencing has long been afforded to criminal defendants in federal courts under Federal Rule of Criminal Procedure 43(a).9 United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001) (holding that a defendant has a constitutional right to be present at sentencing).
cited
Cited as authority (rule)
United States v. Romana-Calderon
5th Cir. · 2022 · confidence medium
United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001) (per curiam); see also United States v. Diggles, 957 F.3d 551, 557 (5th Cir. 2020) (en banc).
cited
Cited as authority (rule)
United States v. Lozano
5th Cir. · 2022 · confidence medium
United States v. Pacheco, 782 F.3d 213, 223 (5th Cir. 2015) (first quoting United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001).
discussed
Cited as authority (rule)
United States v. Zamudio
5th Cir. · 2021 · confidence medium
“The district court must orally pronounce a sentence to respect the defendant’s right to be present for sentencing.” Diggles, 957 F.3d at 556 (citing United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001)).
cited
Cited as authority (rule)
United States v. Nash
5th Cir. · 2021 · confidence medium
Id. at 556–57 (citing United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001) (per curiam)).
discussed
Cited as authority (rule)
United States v. Dajuan Bryson
5th Cir. · 2020 · confidence medium
It is well settled that “when there is a conflict between a written sentence and an oral pronouncement, the oral pronouncement controls.” United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001); see also United States v. De Los Santos, 668 F. App’x 98, 99 (5th Cir. 2016) (classifying sentence as a variance based on district court’s oral pronouncement where the statement of reasons called it a departure).
discussed
Cited as authority (rule)
United States v. George Yarbrough
5th Cir. · 2020 · confidence medium
But one thing a court cannot do is impose altogether new conditions in the written judgment. “[W]hen there is a conflict between a written sentence and an oral pronouncement, the oral pronouncement controls.” United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001) (per curiam) (citation omitted).
discussed
Cited as authority (rule)
United States v. Rafael Fonseca
5th Cir. · 2020 · confidence medium
Again, viewing the entire record as we are required to do, we cannot say that “we are left with the definite and firm conviction that a mistake has been committed.” Haines, 803 F.3d at 744 . 7 Case: 19-20701 Document: 00515625178 Page: 8 Date Filed: 11/03/2020 No. 19-20701 “[W]hen there is a conflict between a written sentence and an oral pronouncement, the oral pronouncement controls.” United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001) (per curiam); see also United States v. Diggles, 957 F.3d 551, 557 (5th Cir. 2020) (en banc), petition for cert. filed (U.S. Sept. 24, 2020) …
cited
Cited as authority (rule)
United States v. Xavier Grogan
5th Cir. · 2020 · confidence medium
Diggles, 957 F.3d at 556–57 (citing United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001) (per curiam)).
discussed
Cited as authority (rule)
United States v. Terence Millsaps
(2×)
also: Cited "see"
5th Cir. · 2020 · confidence medium
United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001).
cited
Cited as authority (rule)
United States v. Brandon Boshears
5th Cir. · 2020 · confidence medium
See 28 U.S.C. § 2106 ; United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001).
discussed
Cited as authority (rule)
Ayala v. Davis
W.D. Tex. · 2020 · confidence medium
See United States v. Vasquez-Puente, 922 F.3d 700, 703 (Sth Cir. 2019) (finding that, “when there is a conflict between a written sentence and an oral pronouncement, the oral pronouncement controls.”) (quoting United States v. Torres- Aguilar, 352 F.3d 934, 935 (5th Cir. 2003) (per curiam)); United States v. Martinez, 250 F.3d 941, 942 (Sth Cir. 2001) (per curiam)); United States v. De La Pena-Juarez, 214 F.3d 594, 601 (Sth Cir. 2000); United States v. Shaw, 920 F.2d 1225, 1231 (Sth Cir. 1991).
discussed
Cited as authority (rule)
United States v. Eric McGinnis
5th Cir. · 2020 · confidence medium
See United States v. Morin, 832 F.3d 513, 519 (5th Cir. 2016); United States v. Bigelow, 462 F.3d 378, 381 (5th Cir. 2006). “[W]hen there is a conflict between a written sentence and an oral pronouncement, the oral pronouncement controls.” United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001).
discussed
Cited as authority (rule)
United States v. Eric McGinnis
5th Cir. · 2020 · confidence medium
See United States v. Morin, 832 F.3d 513, 519 (5th Cir. 2016); United States v. Bigelow, 462 F.3d 378, 381 (5th Cir. 2006). “[W]hen there is a conflict between a written sentence and an oral pronouncement, the oral pronouncement controls.” United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001).
discussed
Cited as authority (rule)
United States v. Demetrius Brock
5th Cir. · 2020 · confidence medium
See Pack, 612 F.3d at 347 . 2 Case: 18-50849 Document: 00515339400 Page: 3 Date Filed: 03/10/2020 No. 18-50849 The sentencing transcript reflects that the district court orally pronounced a 121-month sentence on Count 1 and imposed a total sentence of 180 months of imprisonment, consistent with the binding recommendation in the plea agreement; however, a 121-month sentence on Count 1 would lead to a total sentence of 181 months of imprisonment. “[I]t is well settled law that where there is any variation between the oral and written pronouncements of sentence, the oral sentence prevails.” U…
cited
Cited as authority (rule)
United States v. Eric Wicker
5th Cir. · 2019 · confidence medium
United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001).
discussed
Cited as authority (rule)
United States v. Walter Viera
5th Cir. · 2019 · confidence medium
See Rivas-Estrada, 906 F.3d at 351 ; United States v. Bigelow, 462 F.3d 378, 381-83 (5th Cir. 2006); United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001). 2 Case: 18-10707 Document: 00515162485 Page: 3 Date Filed: 10/17/2019 No. 18-10707 Accordingly, the district court’s judgment is VACATED IN PART AND REMANDED for the district court to amend its written judgment to conform to its oral sentence by removing the unpronounced special condition of supervised release. 3
cited
Cited as authority (rule)
United States v. Eric Wicker
5th Cir. · 2019 · confidence medium
United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001).
discussed
Cited as authority (rule)
United States v. Alvontre Griffin
(2×)
also: Cited "see"
5th Cir. · 2019 · confidence medium
In Torres-Aguilar we “emphasized the importance of whether the condition omitted from the oral pronouncement was a standard or a special condition of supervised release.” 352 F.3d at 936 (citing United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001)).
discussed
Cited as authority (rule)
United States v. Francisco Guerrero
5th Cir. · 2019 · confidence medium
Specifically, he argues that—with respect to those two special conditions—the district court’s oral pronouncement conflicts with its written judgment, and “when there is a conflict between a written sentence and an oral pronouncement, the oral pronouncement controls.” United States v. Torres-Aguilar, 352 F.3d 934, 935 (5th Cir. 2003) (per curiam) (quoting United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001)).
discussed
Cited as authority (rule)
United States v. Jhoanna Ramos
(2×)
also: Cited "see, e.g."
5th Cir. · 2019 · confidence medium
United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001).
cited
Cited as authority (rule)
United States v. Jose Perez
5th Cir. · 2018 · confidence medium
United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001).
discussed
Cited as authority (rule)
United States v. Otoniel Flores-Porras
5th Cir. · 2018 · confidence medium
The district court orally pronounced a fine in the amount of $1,000, but the written judgment indicates that the amount of the fine is $2,000. “[W]hen there is a conflict between a written sentence and an oral pronouncement, the oral pronouncement controls.” United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001).
discussed
Cited as authority (rule)
United States v. Jesus Ramirez-Hidalgo
5th Cir. · 2018 · confidence medium
E.g., United States v. Torres-Aguilar, 352 F.3d 934, 935 (5th Cir. 2003). “[W]hen there is a conflict between a written [judgment] and an oral pronouncement, the oral pronouncement controls.” E.g., United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001).
cited
Cited as authority (rule)
United States v. Bajune Moseby
5th Cir. · 2017 · confidence medium
United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001).
cited
Cited as authority (rule)
United States v. Lee Conley
5th Cir. · 2017 · confidence medium
“A defendant has a constitutional right to be present at sentencing.” United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001).
cited
Cited as authority (rule)
United States v. David Terrell
5th Cir. · 2017 · confidence medium
United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001).
discussed
Cited as authority (rule)
United States v. Martin Podio
(2×)
also: Cited "see, e.g."
5th Cir. · 2017 · confidence medium
See United States v. English, 400 F.3d 273, 276 (5th Cir. 2005); United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001).
discussed
Cited as authority (rule)
United States v. Marisol Flores
5th Cir. · 2016 · confidence medium
“Therefore, if the written judgment conflicts with the sentence pronounced at sentencing, that pronouncement controls.” Id. (citing United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001) (per curiam)).
cited
Cited as authority (rule)
United States v. Anselmo Venegas
5th Cir. · 2016 · confidence medium
III “A defendant has a constitutional right to be present at sentencing.” United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001).
discussed
Cited as authority (rule)
United States v. Robert Morin
(2×)
also: Cited "see"
5th Cir. · 2016 · confidence medium
Id. at 380-81 (quoting United States v. Vega, 332 F.3d 849, 852 (5th Cir. 2003)); United States v. Torres-Aguilar, 352 F.3d 934, 935 (5th Cir. 2003) (per curiam); United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001) (per curiam). 22 .
discussed
Cited as authority (rule)
United States v. Robert Helms
5th Cir. · 2016 · confidence medium
The district court later issued a written judgment that directly conflicted with its oral pronouncement of sentence by including a special condition of supervised release requiring Helms to submit to searches by his probation officer. 1 See United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001).
cited
Cited as authority (rule)
United States v. Saul Herrera
5th Cir. · 2016 · confidence medium
United States v. Martinez, 250 F.3d 941, 942 (5th Cir.2001).
cited
Cited as authority (rule)
United States v. Ezequiel Campuzano-Martinez
5th Cir. · 2015 · confidence medium
E.g., United States v. Martinez, 250 F.3d 941, 942 (5th Cir.2001); United States v. Hernandez-Ortega, 458 Fed.Appx. 395, 396 (5th Cir.2012).