FILED
NOT FOR PUBLICATION JAN 25 2017
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-30079
Plaintiff-Appellee, D.C. No. 4:07-cr-00072-BMM
v.
MEMORANDUM*
JOHN F. BIG LEGGINS, Jr.,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Montana
Brian M. Morris, District Judge, Presiding
Submitted January 18, 2017**
Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.
John Big Leggins, Jr., appeals pro se from the district court’s order denying
his motion to correct a clerical error in the judgment 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 Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Big Leggins sought to correct the written judgment, which he contends
erroneously states that restitution payments are to be made during his term of
incarceration. He argues that this conflicts with the oral pronouncement of
sentence, which he claims delayed restitution payments until the commencement of
his supervised release term. We agree with the district court that there is no
conflict between the written judgment and oral pronouncement of sentence, which
was silent as to when restitution payments will commence. Thus, the district court
did not clearly err in finding that there was no clerical error in the judgment that
warranted correction under Rule 36. See United States v. Dickie, 752 F.2d 1398,
1400 (9th Cir. 1985).
AFFIRMED.
2 16-30079