5:23-cr-00036•USA v. Linebarger
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1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION CRIMINAL ACTION NO. 5:23-CR-00036-KDB-SCR UNITED STATES OF AMERICA, v. ORDER ALVIN JUAN'WON LINEBERGER, Defendant. THIS MATTER is before the Court on the parties’ Joint Motion to Amend Indictment, Plea Agreement & Factual Basis (Doc. No. 28). Generally, an “indictment may not be amended except by resubmission to the grand jury, unless the change is merely a matter of form.” United States v. Promise, 255 F.3d 150, 161 (4th Cir. 2001) (quoting Russell v. United States, 369 U.S. 749, 770 (1962)). Changes such as “a correction for a typographical error or clerical error” are merely a matter of form. United States v. Horbuckle, No. 2:06-cr-15, 2007 WL 1652270, at *1 (W.D.N.C. June 6, 2007). The proposed change to the indictment, plea agreement, and factual basis in this case would correct a typographical error. Specifically, Defendant was charged as Alvin Juan’won Lineberger. However, his name is Alvin Juan’won Linebarger. See Doc. No. 28. Changing just one letter to correct the misspelling of Defendant’s name is merely a matter of form and, thus, the Court will grant the motion and allow the Government to amend the requested documents without necessitating a grand jury. SO ORDERED. Case 5:23-cr-00036-KDB-SCR Document 29 Filed 06/06/24 Page 1 of 2
2 Signed: June 6, 2024 Case 5:23-cr-00036-KDB-SCR Document 29 Filed 06/06/24 Page 2 of 2
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA STATESVILLE DIVISION CRIMINAL ACTION NO. 5:23-CR-00036-KDB-SCR UNITED STATES OF AMERICA, V. ORDER ALVIN JUAN'WON LINEBERGER, Defendant. THIS MATTER is before the Court on the parties’ Joint Motion to Amend Indictment, Plea Agreement & Factual Basis (Doc. No. 28). Generally, an “indictment may not be amended except by resubmission to the grand jury, unless the change is merely a matter of form.” United States v. Promise, 255 F.3d 150, 161 (4th Cir. 2001) (quoting Russell v. United States, 369 U.S. 749, 770 (1962)). Changes such as “a correction for a typographical error or clerical error’ are merely a matter of form. United States v. Horbuckle, No. 2:06-cr-15, 2007 WL 1652270, at *1 (W.D.N.C. June 6, 2007). The proposed change to the indictment, plea agreement, and factual basis in this case would correct a typographical error. Specifically, Defendant was charged as Alvin Juan’won Lineberger. However, his name is Alvin Juan’won Linebarger. See Doc. No. 28. Changing just one letter to correct the misspelling of Defendant’s name is merely a matter of form and, thus, the Court will grant the motion and allow the Govemment to amend the requested documents without necessitating a grand jury. SO ORDERED. 1 INFORMATION Signed: June 6, 2024 Kenneth D. Bell 2 Case 5:23-cr-00036-KDB-SCR Document 29 _ Filed 06/06/24 Page 2 of 2
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