United States of America v. Preston Cornelius Everett, a/k/a P

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6966
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
PRESTON CORNELIUS EVERETT, a/k/a P,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema,
District Judge. (1:05-cr-00019-LMB-1)
Submitted: September 24, 2013 Decided: September 27, 2013
Before NIEMEYER and THACKER, Circuit Judges, and HAMILTON,
Senior Circuit Judge.
Vacated and remanded by unpublished per curiam opinion.
Preston Cornelius Everett, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Preston Cornelius Everett appeals the district court’s
order denying his motion to correct a clerical error in his 2005
criminal judgment. For the reasons that follow, we vacate and
remand.
Everett specifically sought relief under Fed. R. Crim.
P. 36 to correct an alleged clerical error in his criminal
judgment for conspiracy to possess with intent to distribute
five kilograms or more of cocaine. The district court treated
the motion under Fed. R. Crim. P. 35(a) and dismissed the action
as untimely because Rule 35(a) motions must be filed within
fourteen days of sentencing. Rule 36 relief, however, may be
granted at any time, as delineated in the Rule itself. Thus, we
vacate and remand for the district court to address Everett’s
motion under Rule 36. We express no opinion as to the merits of
any Rule 36 motion.
We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional
process.
VACATED AND REMANDED

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