United States of America v. Stefan Denser, a.k.a. Shane

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
STEFAN DENSER, a.k.a. Shane,
Defendant - Appellant.
No. 13-50279
D.C. No. 2:09-cr-00623-PSG
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Philip S. Gutierrez, District Judge, Presiding
Submitted March 10, 2014**
Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges.
Stefan Denser appeals pro se from the district court’s order denying his
Federal Rule of Criminal Procedure 36 motion to correct a clerical error in the
judgment. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Denser contends the district court erred by denying his Rule 36 motion to
FILED
MAR 17 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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correct the judgment to reflect that he was convicted of “delivery” rather than
“distribution” of cocaine base. We review for clear error the denial of a Rule 36
motion. See United States v. Dickie, 752 F.2d 1398, 1400 (9th Cir. 1985) (per
curiam). Because the record reflects that Denser pleaded guilty to distribution of
cocaine base, in violation of 21 U.S.C. § 841(a)(1), there was no clerical error in
the judgment, and the district court properly denied the motion.
AFFIRMED.
13-50279 2

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