What is the test for reinstating a suspended sentence after revocation of probation as a result of a mistake of fact?

1 The district court found that the sentence, as reinstated, "contained a mistake of fact in that it erroneously characterized the defendant's pending two year federal sentence ... as a 'state sentence.' " E.R. at 41-42. Wingender does not dispute this finding. Therefore, the "potential for abuse" created by "a broad rule which would allow a sentence to be changed to conform with the original intention of the sentencing judge," United States v. Best, 571 F.2d 484, 486 (9th Cir.1978), does not exist in this case.

2 We have upheld, as a proper exercise of authority, a district court's order reinstating a sentence upon revocation of probation so that it is "served consecutive to a federal sentence for an intervening crime." United States v. Lustig, 555 F.2d 751, 753 (9th Cir.1977), cert. denied, 434 U.S. 1045, 98 S.Ct. 889, 54 L.Ed.2d 795 (1978).