NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 19 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-50371
Plaintiff-Appellee, D.C. No. 3:12-cr-03942-AJB
v.
MEMORANDUM*
LETICIA AIDEE ROSALES-ESCOBEDO,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Anthony J. Battaglia, District Judge, Presiding
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
Leticia Aidee Rosales-Escobedo appeals from the district court’s denial of
her 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 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).
Rosales-Escobedo contends that the district court had authority under
Rule 36 to strike the stipulation of removal provision from her plea agreement, and
that it erred in failing to do so. The record reflects that Rosales-Escobedo
voluntarily entered into the plea agreement knowing it contained the stipulation of
removal. Accordingly, the district court did not clearly err in concluding that relief
is not available to Rosales-Escobedo under Rule 36. See Fed. R. Crim. P. 36;
United States v. Dickie, 752 F.2d 1398, 1400 (9th Cir. 1985) (stating standard of
review); United States v. Kaye, 739 F.2d 488, 490 (9th Cir. 1984) (Rule 36 “is a
narrow provision limited to correction of errors of no more than clerical
significance”).
AFFIRMED.
2 15-50371