United States v. Russell Schleining

362 F. App'x 889

• Court: Court of Appeals for the Ninth Circuit
• Decided: January 26, 2010
• Docket: 09-30175
• Status: Unpublished

Opinion

MEMORANDUM **

Russell Eugene Schleining appeals pro se from the district court’s order denying his motion to correct the judgment pursuant to Fed.R.Crim.P. 36. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Schleining contends that the district court erred when it denied his motion to correct the judgment because the judgment contains an incorrect reference to 18 U.S.C. § 924(e), which was the result of a clerical error. The record indicates that any error was not clerical in nature thus, the district court’s decision to deny the motion was not clearly erroneous. See United States v. Kaye, 739 F.2d 488, 491 (9th Cir.1984).

Schleining’s motion for appointment of counsel is denied as moot.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.