Unreported / Non-Citable
Background
Chia Jean Lee, a federal prisoner proceeding pro se, moved under Federal Rule of Criminal Procedure 36 to correct what she characterized as a clerical error in the record. She sought to change her base offense level from 36 to 34.
The U.S. District Court for the Eastern District of Texas denied the motion. Lee appealed that ruling to the Fifth Circuit.
The Court’s Holding
The Fifth Circuit affirmed. It held that the district court did not err in determining that Lee’s requested change to her base offense level did not fall within Rule 36’s scope.
The court relied on United States v. Mackay, 757 F.3d 195, 197, 200 (5th Cir. 2014). The per curiam opinion was issued on the summary calendar and was not designated for publication.
Key Takeaways
- Rule 36 did not authorize changing Lee’s base offense level from 36 to 34.
- A requested substantive change to an offense-level determination is outside the rule’s clerical-error remedy.
- The Fifth Circuit affirmed the denial of Lee’s pro se motion.
Why It Matters
The decision reinforces the limited role of Rule 36: it is not a vehicle for obtaining a substantive alteration to a sentencing calculation by labeling the requested change a clerical correction.