United States v. Kelly Clay

972 F.2d 1344 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Kelly CLAY, Defendant-Appellant. No. 91-30333. United States Court of Appeals, Ninth Circuit. Submitted July 27, 1992. * Decided July 31, 1992. Before WRIGHT, FARRIS and BEEZER, Circuit Judges. 1 MEMORANDUM ** 2 Kelly Clay appeals the district court's denial of his motion for correction of an alleged clerical error in a written judgment fining him ten thousand dollars. He argues that the sentencing judge orally assessed a conditional fine, and that an oral sentence prevails over a contradictory written judgment. We affirm. Fed.R.Crim.P. 36 provides that: 3 Clerical mistakes in Judgments, Orders or other parts of the record and errors in the record arising from oversight or omission may be corrected by the Court at any time and after such notice, if any, as the Court orders. 4 Rule 36 "envisions that the district court will make a factual finding whether the clerk…