Criminal Law/Sentenced in Federal Court under wrong name
QUESTION: Is this legal? Federal judge sentenced me under the wrong (assumptive) name. During sentencing the judge asked me if my name was _____, I so No it is not. He then said well you have a middle name, correct? I said yes and told him what it was. Still not the name he was sentencing me under. The judge then said so you are not _____ ______? Again I said No I am not. The judges looks over at the prosecutor and the prosecutor shrugs his shoulders and the judge continues to sentence me under the wrong name. Now they are trying to collect restitution made out to the wrong name with my social security number. Is this legal and possible?
The answer is maybe. It seems that the Prosecutor and Judge are convinced that you used a fictitious name during the Court proceedings and subsequent sentencing. That is a crime in and of itself if it was done to impede an investigation, etc. If you have been charged/tried/sentenced for a crime you did not commit you need to find an attorney to begin working through the appeals process. You need to dispute these findings with all of your resources if in fact that situation does apply to you.
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QUESTION: Thank you for the answer. No I never used a fictitious name at anytime. I never used this name in my life. There was a sentence only because of a plea agreement, which the judge departed from. Appeal was filed by attorney, however when filing the appeal process he used the term that the judge did an upward modification instead of saying a departure from sentencing guidelines. The appeal judges agreed with me, however since taking a plea you give up your right to appeal, except if you had inadequate counsel (which was not filed) or if the judge departed from the sentencing guidelines. Since the attorney used the word modification, they said they had to deny the appeal. Not disputing the sentence since there was a plea taken. Only them sentencing under the wrong name, which is not my legal name, nor a name I have ever used in my life. It is an assumptive name based off of my legal name, but not my name.
Thank you again for your answers.
I understand the situation much better now. From the information you provided the answer definitely is yes. The Court will not overturn anything based upon a misspelling or even variation of your name as long as the error was in good faith and the other pertinent individually identifying information such as your Social Security Number are correct.