United States v. Vince Wilson

FILED NOT FOR PUBLICATION AUG 05 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 10-50606 Plaintiff - Appellee, D.C. No. 2:04-cr-01453-ABC v. MEMORANDUM * VINCE EDWARD WILSON, Defendant - Appellant., Appeal from the United States District Court for the Central District of California Audrey B. Collins, Chief District Judge, Presiding Submitted August 2, 2011 ** Before: RYMER, IKUTA, and N.R. SMITH, Circuit Judges. Vince Edward Wilson appeals from the district court’s order denying his motion under Federal Rule of Criminal Procedure 36. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Wilson contends that the district court erred when it denied his motion to correct an alleged clerical error in the amended judgment that increased his sentence. There is no error in the amended judgment. Accordingly, the district court correctly denied the motion. See Fed. R. Crim. P. 36 (only permitting court 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”). AFFIRMED. 2 10-50606