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No. 13-4452
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
J. Frederick Motz, Senior District
Judge. (1:10-cr-00266-JFM-3)
Submitted:
Decided:
April 4, 2014
PER CURIAM:
Vincent Hernandez was convicted after a bench trial of
all
three
counts
charged
in
his
superseding
indictment:
and
1);
280
grams
possessing
or
more
of
cocaine
base
firearm
in
furtherance
(crack)
of
drug
The district
For
the
reasons
that
follow,
we
affirm
Hernandezs
defendant
who
challenges
the
sufficiency
of
the
review
Government.
the
issue
in
the
light
most
favorable
to
the
observe,
however,
that
the
district
courts
memorandum
[Hernandez]
of
opinion
the
the
lesser
court
included
noted
that
offense
of
it
convicted
conspiracy
to
(J.A. 530).
Although
court
speaks
through
its
judgments
and
Rakes
We thus
conclude that the conflict between the criminal judgment and all
other record facts in this case is clerical error that should be
corrected.
reflect
that
the
conspiracy
in
Count
involved
conduct
in
that
unrelated
case
constituted
new
his convictions.
from
the
confidential
informant,
supported
627 F.3d 941, 948 (4th Cir. 2010) (providing review standard and
five-factor test for analyzing Rule 33 claims).
Accordingly,
sentence
but
remand
we
to
affirm
the
Hernandezs
district
court
convictions
for
the
and
limited
with
contentions
are
oral
argument
adequately
because
presented
in
the
the
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED AND REMANDED
4