United States of America v. Jason Andre

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
JASON ANDRE,
Defendant-Appellant.
No. 16-10244
D.C. No. 2:11-cr-00374-JCM
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
James C. Mahan, District Judge, Presiding
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
Jason Andre appeals pro se from the district court’s order denying his
motion to correct an error in his plea agreement under Federal Rule of Criminal
Procedure 36. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Andre contends that the district court erred by declining to correct an
* 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).
FILED
APR 24 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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erroneous Guidelines citation in his plea agreement. Andre does not cite any
authority to support his contention that a nonbinding plea agreement between the
parties falls within Rule 36’s purview. Moreover, the record reflects that the
sentencing court cited the correct Guidelines provision in imposing the sentence,
and the judgment accurately reflects the court’s oral pronouncement of Andre’s
sentence. Under these circumstances, we conclude that the district court did not
clearly err in denying Andre’s motion. See United States v. Dickie, 752 F.2d 1398,
1400 (9th Cir. 1985).
AFFIRMED.

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