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Bartone v. United States, 375 U.S. 52 (1963)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Bartone v. United States, 375 U.S. 52 (1963)
Bartone v. United States No. 337 Decided October 28, 1963 375 U.S. 52
ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES
COURT OF APPEALS FOR THE FIFTH CIRCUIT
Syllabus
After a hearing in open court and in the presence of petitioner and his counsel, a Federal District Judge orally revoked petitioner’s probation and sentenced him to imprisonment for one year. Later on the same day, in petitioner’s absence, a written judgment was entered committing petitioner to imprisonment for one year and one day. Although the propriety of this enlargement of the sentence was presented on appeal, along with other questions, the Court of Appeals affirmed without mentioning this point.
Held: Certiorari is granted and the judgment denying correction of the sentence is reversed, since the error in enlarging the sentence in the absence of petitioner was plain in light of the requirements of Federal Rule of Criminal Procedure 43. Pp. 52-54.
37 F. 2d 608, certiorari granted; reversed.
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Chicago:
U.S. Supreme Court, "Syllabus," Bartone v. United States, 375 U.S. 52 (1963) in 375 U.S. 52 Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=J46BJUSVTCALI1D.
MLA:
U.S. Supreme Court. "Syllabus." Bartone v. United States, 375 U.S. 52 (1963), in 375 U.S. 52, Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=J46BJUSVTCALI1D.
Harvard:
U.S. Supreme Court, 'Syllabus' in Bartone v. United States, 375 U.S. 52 (1963). cited in 1963, 375 U.S. 52. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=J46BJUSVTCALI1D.
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