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UNITED STATES of America, Plaintiff-Appellee v. Maria DEL CARMEN SARABIA, Defendant-Appellant
Without benefit of a plea agreement, Defendant-Appellant Maria Del Carmen Sarabia pleaded guilty to conspiracy to possess with intent to distribute methamphetamine and to two counts of aiding and abetting possession with intent to distribute methamphetamine. On appeal, she contends that the judgment reflects incorrect end dates for all three offenses. The Government concurs, and our independent review of the record confirms the clerical error.
Federal Rule of Criminal Procedure 36 states: “After giving any notice it considers appropriate, 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.” A limited remand is appropriate here and is GRANTED for the sole purpose of correcting the judgment to reflect correct end dates for each offense. The judgment is otherwise AFFIRMED.
FOOTNOTES
PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
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Docket No: No. 18-40129
Decided: October 18, 2018
Court: United States Court of Appeals, Fifth Circuit.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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