Filed: Dec. 20, 2017
Latest Update: Dec. 20, 2017
Summary: MEMORANDUM AND ORDER JULIE A. ROBINSON , Chief District Judge . After pleading guilty to wire fraud and false statement in a tax return, Defendant Kenneth Voboril was sentenced to 63 months' imprisonment on February 8, 2016. 1 This matter is now before the Court on Defendant's pro se post-judgment Motion to Amend Presentence Report (Doc. 26). Voboril requests the presentence investigation report ("PSR") be amended to reflect his history of alcohol abuse, a fact he did not reveal in his
Summary: MEMORANDUM AND ORDER JULIE A. ROBINSON , Chief District Judge . After pleading guilty to wire fraud and false statement in a tax return, Defendant Kenneth Voboril was sentenced to 63 months' imprisonment on February 8, 2016. 1 This matter is now before the Court on Defendant's pro se post-judgment Motion to Amend Presentence Report (Doc. 26). Voboril requests the presentence investigation report ("PSR") be amended to reflect his history of alcohol abuse, a fact he did not reveal in his p..
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MEMORANDUM AND ORDER
JULIE A. ROBINSON, Chief District Judge.
After pleading guilty to wire fraud and false statement in a tax return, Defendant Kenneth Voboril was sentenced to 63 months' imprisonment on February 8, 2016.1 This matter is now before the Court on Defendant's pro se post-judgment Motion to Amend Presentence Report (Doc. 26). Voboril requests the presentence investigation report ("PSR") be amended to reflect his history of alcohol abuse, a fact he did not reveal in his presentence interview. Voboril now wishes this information be included in his PSR in order to facilitate his entry into the RDAP program while incarcerated.
Defendant's motion to amend the PSR does not identify the rule or statute on which it is based. Fed. R. Crim. P. 32 addresses presentence investigations and reports. Courts have uniformly held that once a district court imposes sentence, it lacks jurisdiction under Rule 32 to hear challenges to a presentence report.2
Nor does Rule 36 offer Defendant any recourse. That rule allows for a court to "correct a clerical error in a judgment, order, or part of the record, or correct an error arising from oversight or omission."3 The rule is narrow and applies only to clerical errors; it does not authorize substantive alteration of a final judgment.4 Thus, the Court also lacks jurisdiction to address Voboril's motion to amend the PSR under Rule 36.
Because this Court does not have an independent jurisdictional basis to consider Voboril's post-judgment motion to amend his PSR, the motion is dismissed for lack of jurisdiction.
IT IS THEREFORE ORDERED BY THE COURT that Defendant Kenneth Voboril's Motion to Amend Presentence Report (Doc. 26) is dismissed for lack of jurisdiction.
IT IS SO ORDERED.
