United States v. Theola Blackmon

09-1363Court of Appeals for the Eighth CircuitApr 30, 2010

Full text

1The Honorable Richard H. Battey, United States District Judge for the District
of South Dakota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 09-3631
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of South Dakota.
Frank Jayrold Bettelyoun, *
* [UNPUBLISHED]
Appellant. *
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Submitted: April 27, 2010
Filed: April 30, 2010
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Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges.
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PER CURIAM.
Frank Jayrold Bettelyoun appeals the district court’s1 denial of his Federal Rule
of Criminal Procedure 36 motion to correct a “clerical error” in the amended judgment
in his criminal case. We agree with the district court that the amended judgment
accurately reflects the sentence imposed; the type of error Bettelyoun alleged was not
a clerical error, see United States v. Yakle, 463 F.3d 810, 811 (8th Cir. 2006) (per
curiam). Accordingly, the judgment is affirmed. See 8th Cir. R. 47B.
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