United States of America v. Robert Dale Davidson

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
NC/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ROBERT DALE DAVIDSON,
Defendant - Appellant.
No. 08-30361
D.C. No. 6:92-CR-60007-MRH
MEMORANDUM *
Appeal from the United States District Court
for the District of Oregon
Michael R. Hogan, Presiding
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Robert Dale Davidson appeals from the district court’s order denying his
motion to correct the judgment pursuant to Federal Rule of Criminal Procedure 36.
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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NC/Research 08-30361 2
We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Davidson contends that the district court erred when it denied his motion to
correct the judgment because it contained drug quantities that were not found by
the jury. The district court did not clearly err in denying the motion. See United
States v. Dickie, 752 F.2d 1398, 1400 (9th Cir. 1985) (per curiam) (concluding that
the clearly erroneous standard is appropriate in reviewing the grant or denial of a
Rule 36 motion); see also United States v. Kaye, 739 F.2d 488, 491 (9th Cir. 1984)
(“Rule 36 applies to clerical errors only.”).
We grant Davidson’s motion to extend time to file his reply brief and accept
the brief as filed.
We deny Davidson’s remaining contentions and outstanding motions.
AFFIRMED.

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