United States v. Donaveon Lightbourn

U.S. Court of Appeals for the Eleventh Circuit
United States v. Donaveon Lightbourn, 497 F. App'x 912 (11th Cir. 2012)

United States v. Donaveon Lightbourn

Opinion

PER CURIAM:

Donaveon Lightbourn, proceeding pro se, appeals the district court’s denial of his motion to correct a clerical error, pursuant to Federal Rule of Criminal Procedure 36. *913 Lightbourn’s motion raised several substantive claims related to his conviction, including that he was innocent and that his conviction and sentence were null and void. Lightbourn did not, however, point to any clerical errors in any judgment or order.

We review the district court’s application of Rule 36 de novo. United States v. Portillo, 363 F.3d 1161, 1164 (11th Cir. 2004). Rule 36 provides that a “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. Rule 36 may not be used to substantively alter a criminal sentence. Portillo, 363 F.3d at 1164.

Because all of the arguments in Lightb-ourn’s motion requested substantive changes to his conviction and sentence, none was properly brought under Rule 36. See id. Accordingly, we affirm the district court’s denial of Lightbourn’s motion to correct.

AFFIRMED.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Donaveon LIGHTBOURN, Defendant-Appellant
Status
Unpublished