United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS December 22, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-30999
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CEDRIC FARLEY DILLARD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 02-CR-50025-2
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Before BARKSDALE, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Cedric Farley Dillard appeals the sentence imposed after he
pleaded guilty to conspiracy to possess with intent to distribute
crack cocaine. He challenges only the amount of the fine imposed
upon him, arguing that the amount of the fine pronounced orally by
the district court conflicts with the amount of the fine set forth
in the written judgment.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 02-30999
-2-
The district court’s oral pronouncement of judgment sentenced
Dillard to pay one-half plus one cent of the total fine of
$2,287.69 imposed jointly upon Dillard and his co-defendant Kyong
Durden. The written judgment sentenced Dillard to pay $2,287.69,
not one-half of $2,287.69 plus one cent, and noted under special
instructions that the fine is joint and several with Durden. Thus,
the district court’s oral pronouncement holding Dillard liable for
one-half plus one cent of the fine conflicts with the language in
the written judgment, which holds Dillard liable for the entire
amount of the fine jointly and severally with his co-defendant.
Therefore, because the difference in the language of the
district court’s oral pronouncement of sentence conflicts with its
written judgment with regard to the fine imposed upon Dillard, the
case is remanded for the district court to amend the written
judgment to conform to the court’s oral pronouncement of sentence
with respect to the amount of the fine imposed upon Dillard. See
United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001).
REMANDED.