UNITED STATES OF AMERICA Criminal No. 83-243 V. DISTRICT OF COLUMBlA WILLIAM THOMAS, Defendant FILED July 19, 1984 CLERK, U.S. DISTRlCT COURT
18 U.S.C. S 3651 permits the imposition of a split sentence only where the maximum penalty is more than six months. The maximum penalty authorized by 16 U.S.C. § 3 is just six months. The Court thereupon reconvened the proceedings and invited suggestions from counsel as to a remedy for the erroneous sentence. The United States suggested that the sentence imposed be allowed to stand. The defendant suggested that if the confinement provision of the sentence was vacated and the defendant placed on probation for a term on the condition that he follow the permit route, the Court could impose a fresh sentence of up to six months in the event that the defendant violated the conditions of the probation. In the circumstanres the Court determined that the alternative suggested by the defendant was the correct one. Accordingly, the Court reimposed a sentence as follows:
Date: July 19, 1984
(signed) Louis F. Oberdorfer
UNITED STATES DISTRICT JUDGE