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United States v. Troy Dwight Taylor
Citations: 21 F.3d 1123; 1994 WL 109054; 1994 U.S. App. LEXIS 17816Docket: 93-6289
Court: Court of Appeals for the Tenth Circuit; March 31, 1994; Federal Appellate Court
Troy Dwight Taylor appeals his sentence following a guilty plea for conspiracy to commit bribery of a public official under 18 U.S.C. § 371. He was sentenced to fifteen months of imprisonment, to run consecutively with an existing ninety-two month sentence. Taylor contends that the district court may not have recognized its authority to impose a concurrent sentence instead of a consecutive one and requests a remand for resentencing. The government agrees that there is a clerical error in the judgment regarding Taylor's criminal history category. The court clarifies that it lacks jurisdiction to review the district court's discretionary refusal to depart downward from sentencing guidelines unless the district court erroneously believed it lacked such authority. Taylor did not formally request a downward departure nor a concurrent sentence during the sentencing process. The court found no ambiguity in the district court's statements indicating a lack of authority to depart downward; therefore, no remand for clarification is warranted. The court also identified a clerical error in the judgment, as it incorrectly reflects Taylor's criminal history category as VI instead of the correctly calculated V. The court affirms Taylor's sentence while remanding the case for correction of this clerical error. The order and judgment are not binding precedent but may be cited under specific conditions outlined in the court's General Order from November 29, 1993.