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United States v. McHugh

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ARGUED MAY 6, 2008

Before EASTERBROOK, Chief Judge, and WOOD and TINDER, Circuit Judges.

Thomas McHugh pleaded guilty to structuring financial transactions to evade currency-reporting requirements, see 31 U.S.C. §5324(a)(3), and has been sentenced to 41 months’ imprisonment. In open court, the district judge said that he would recom-mend to the Bureau of Prisons that McHugh “be afforded the opportunity to participate in substance abuse education and treatment programs”. The judgment includes this statement: “The Court recommends the defendant be afforded the opportunity to apply for substance abuse education and treatment programs while confined which do not include an early release.” McHugh’s only argument on appeal is that the language “which do not include an early release” is inconsistent with the oral statement. A sentence pronounced in a defendant’s presence prevails over a written sentence when the two conflict. See, e.g., United States v. Makres, 851 F.2d 1016 (7th Cir. 1988).

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