Free Order on Motion to Amend/Correct - District Court of Connecticut - Connecticut

Case 3:00-cr-00263-JCH

Document 1851

Filed 10/26/2007

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT UNITED STATES OF AMERICA Plaintiff, v. ROBERT JONES Defendant. : : : : : : :

CRIMINAL ACTION NO. 3:00-cr-263 (JCH)

OCTOBER 26, 2007

RULING RE: DEFENDANT'S MOTION TO CORRECT CLERICAL ERROR IN WRITTEN JUDGMENT PURSUANT TO FEDERAL RULE OF CRIMINAL PROCEDURE 36 [Doc. No. 1836] Defendant Robert Jones brings this Motion to Correct Clerical Error in Written Judgment Pursuant to Federal Rule of Criminal Procedure 36 (Doc. No. 1836), claiming that the written judgment issued sentencing Jones to 188 months does not reflect the court's oral judgment sentencing Jones to 164 months. See Judgment (Doc. No. 1256); Transcript of Sentencing Hearing on December 9, 2002 ("Sentencing Transcript") at 36-7 (Doc. No. 1843). For the reasons that follow, Jones' motion is Granted. I. DISCUSSION Federal Rule of Criminal Procedure 36 allows the court, at any time after giving appropriate notice, to "correct a clerical error in a judgment, order, or other part of the record, or correct an error in the record arising from oversight or omission." FED . R. CRIM . P. 36.

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Case 3:00-cr-00263-JCH

Document 1851

Filed 10/26/2007

Page 2 of 3

In imposing sentence on Jones, the court stated that, the defendant has already served 21 months of his New York State sentence, which the Court finds that sentence and conviction is a result of conduct that is covered by the relevant conduct in the offense before this Court and therefore, the Court would impose a sentence, the remaining term of the sentence imposed by the Court of 164 months upon the defendant. Sentencing Transcript at 36-7. However, the written judgment stated Jones' sentence as "one hundred and eighty-eight months . . . to be served concurrently with his New York state sentence." Judgement. The court finds that this written judgment does not reflect the court's oral imposition of sentence and is a clerical error that should be corrected pursuant to Rule 36. The court notes that the transcript of the sentencing reflects that the court misspoke at the time of sentencing. See Sentencing Transcript at 36-7. The court sentenced Jones to 188 months, with a reduction for time served on a state sentence for relevant conduct of 21 months. Id. The court then stated the remaining term as 164 months; this term should have been 167 months reflecting 188 months minus 21 months. However, while the court clearly meant 167 months, the court may only correct a sentence that resulted from "arithmetical, technical, or other clear error" within seven days of sentencing. FED . R. CRIM . P. 35. Therefore, the court is unable to correct this arithmetical error and the sentence of 164 months orally imposed at sentencing stands. II. CONCLUSION For the foregoing reasons, Jones' Motion for Reconsideration (Doc. No. 1836) is GRANTED. The court will issue an amended judgment sentencing Jones to 164 months, to run concurrent to his state sentence. 2

Case 3:00-cr-00263-JCH

Document 1851

Filed 10/26/2007

Page 3 of 3

SO ORDERED. Dated at Bridgeport, Connecticut this 26th day of October, 2007.

/s/ Janet C. Hall Janet C. Hall United States District Judge

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