In federal criminal proceedings, circuit courts agree that an unambiguous oral pronouncement overrides a subsequent inconsistent written order. Courts are divided, however, about what an appellate court may consider when determining ambiguity.

The question for the Court to resolve is whether a reviewing court may find ambiguity by going beyond the words used by the district court when pronouncing the relevant decision.

Whether a reviewing court may find ambiguity by going beyond the words used by the district court when pronouncing the relevant decision