United States of America v. Sutang Wu, a.k.a. Suling Hong Wu

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).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SUTANG WU, a.k.a. Suling Hong Wu,
Defendant - Appellant.
No. 11-50199
D.C. No. 2:09-cr-01190-SVW
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Stephen V. Wilson, District Judge, Presiding
Submitted January 17, 2012**
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
Sutang Wu appeals pro se the denial of his motion under Federal Rule of
Criminal Procedure 36 to correct a clerical error in his judgment and commitment
order. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Wu seeks to correct the judgment and commitment order to reflect that his
FILED
JAN 19 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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11-50199 2
participation in the Inmate Financial Responsibility Program is voluntary rather
than mandatory. Because there is no error, clerical or otherwise, the district court
properly declined to grant relief. See United States v. Penna, 319 F.3d 509, 513
(9th Cir. 2003) (“Rule 36 is a vehicle for correcting clerical errors in a judgment of
conviction.”).
AFFIRMED.

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