United States v. Bowe ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7632
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SPENCER BOWENS, a/k/a Scooter, a/k/a Clyde, a/k/a Melvin
McCurdy, a/k/a Doc Johnson,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, Senior
District Judge. (3:98-cr-00110-REP)
Submitted: March 15, 2010 Decided: March 30, 2010
Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Spencer Bowens, Appellant Pro Se. David Novak, OFFICE OF THE
UNITED STATES ATTORNEY, Richmond, Virginia, for Appellee
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Spencer Bowens appeals the district court’s order
denying his motion to correct a clerical error pursuant to Fed.
R. Crim. P. 36. We have reviewed the record and find no
reversible error. Accordingly, although we grant Bowens’s
motion for leave to proceed in forma pauperis, we affirm for the
reasons stated by the district court. United States v. Bowens,
No. 3:98-cr-00110-REP (E.D. Va. Aug. 6, 2009); see United
States v. Johnson, 571 F.3d 716, 717-18 (7th Cir. 2009) (finding
that court did not have authority to correct calculation error
in the presentence report pursuant to Rule 36). We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
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