Thursday, February 24, 2011

Fourth Circuit reverses construal of Rule 36 motion as 2255

United States v. Postell, No. 10-6943, 2011 WL 609711 (4th Cir. Feb. 22, 2011):

Petitioner filed a Rule 36 motion to correct the spelling of his name in the district court's final judgment. Rule 36 provides that a court may "correct a clerical error in judgment, order, or other part of the record, or correct an error in the record arising from oversight or omission" at any time after giving notice. Fed. R. Civ. P. 36.

The district court improperly construed the motion as a motion under 28 U.S.C. § 2255 to vacate, set aside, or correct a sentence. The Fourth Circuit reversed the district court and remanded for the court to properly address petitioner's motion under Rule 36.

No comments:

Post a Comment