Myers v. United States Of America

Filing 30

ORDER denying 29 Motion to Mitigation and/or Correct Sentence. Signed by Judge William T. Moore, Jr on 1/12/17. (Copy mailed to Andre C. Myers, 252 Birchfield Dr., Savannah, GA 31405.) (jlm)

u. S. DISTRICT COURT
Southern District of Ga.
IN THE UNITED STATES DISTRICT COURT FORiled in Offioe
THE SOUTHERN DISTRICT OF GEORGIA
M.
SAVANNAH DIVISION

UNITED STATES OF AMERICA

Deputy-Clerk
CASE NOS. CV413-221

V.

CR495-123

ANDRE CHRISTOPHER MYERS,
Defendant.

ORDER

Before

the

Court

is

Defendant

Andre

Christopher

Myers's Motion to Mitigation and/or Correct Sentence. (Doc.
29.)

In

"correct

his

motion.

[his]

Defendant

sentence

requests

pursuant

to

that

the

[Federal

Court

Rules

of

Criminal Procedure] 35 and 36 . . . because of the vacated

prior [conviction] that no longer exists." (Id. at 1.)
However, Federal Rule of Criminal Procedure 35 only permits
the Court to correct arithmetic, technical, or other clear

errors

to

sentences

within

14

days

from

the

date

of

sentence. As a result. Rule 35 provides no relief because
Defendant was sentenced on January 10, 1996—over 21 years

ago. (CR495-123, Doc. 593.) Additionally, Rule 36 permits
only clerical corrections, not alterations to a criminal
judgment that affect how

a

sentence

is calculated. See

United States v. Pease, 331 F.3d 809, 816 (11th Cir. 2003)

("Rule 36 can be used to correct "clerical" errors; it