Case: 12-12092 Date Filed: 01/11/2013 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 12-12092
Non-Argument Calendar
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D.C. Docket No. 3:99-cr-00002-LC-MD-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WARREN PHILLIPS,
a.k.a. Miami Duke,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Florida
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(January 11, 2013)
Before TJOFLAT, MARTIN and FAY , Circuit Judges.
PER CURIAM:
On July 8, 1999, Warren Phillips, having been found guilty by a jury on
three counts of drug trafficking, was sentenced concurrently to life imprisonment
and two concurrent terms of 360 months. On March 16, 2012, Phillips moved the
Case: 12-12092 Date Filed: 01/11/2013 Page: 2 of 2
District Court pursuant to Federal Rule of Criminal Procedure 36 to correct errors
in the Government’s enhancement information, filed pursuant to 21 U.S.C. § 851,
which notified him that, because he had two or more prior felony drug convictions,
the mandatory minimum sentence of life imprisonment pursuant to 21 U.S.C.
§ 841(a)(1) applied. If the court corrected the errors, he thought, it would have to
vacate the life sentence he received and impose a new sentence. The court denied
his motion, and he appeals its decision. We affirm.
We review de novo the district court’s application of Rule 36. United
States v. Portillo, 363 F.3d 1161, 1164 (11th Cir. 2004). Rule 36 provides that
“the court may at any time 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. However, Rule 36 “cannot be used . . . to make a
substantive alteration to a criminal sentence.” United States v. Pease, 331 F.3d
809, 816 (11th Cir. 2003).
Because Phillips did not actually seek to correct a clerical error of the type
within the scope of Rule 36, but instead was seeking to substantively modify his
life sentence, the District Court correctly determined that he was not entitled to
relief.
AFFIRMED.
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