David Williams v. Scott Horner

1The Honorable Joseph F. Bataillon, Chief Judge, United States District Court
for the District of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 10-2362
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* District of Nebraska.
Russell J. Frauendorfer, *
* [UNPUBLISHED]
Appellant. *
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Submitted: October 26, 2010
Filed: November 5, 2010
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Before WOLLMAN, MELLOY, and GRUENDER, Circuit Judges.
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PER CURIAM.
Federal inmate Russell Frauendorfer appeals the district court’s 1 denial of his
Fed. R. Crim. P. 36 motion to correct a clerical error in the judgment imposing a
prison term and restitution in the amount of $4,712. Rule 36 states that “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.” We hold that the
amount of restitution imposed was intended by the district court and not the product
of a clerical error or an error arising from oversight or omission. The oral

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pronouncement of the amount of restitution did not differ from either the written
judgment, the criminal complaint, or the presentence report. See United States v.
Tramp, 30 F.3d 1035, 1037 (8th Cir. 1994) (“Rule 36 does not authorize a district
court to modify a sentence at any time.”).
Accordingly, we affirm, see 8th Cir. R. 47B; and we deny Frauendorfer’s
motion to supplement the record, see Dakota Indus., Inc. v. Dakota Sportswear, Inc.,
988 F.2d 61, 63 (8th Cir. 1993).
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