United States v. Mackay, No. 13-10521 (5th Cir. 2014)
Annotate this CaseDefendant pled guilty to conspiracy to distribute and to possession with intent to distribute and to possession with intent to distribute marijuana - not cocaine. The cover sheet of his presentence report (PSR) erroneously listed his offense as conspiracy to possess with intent to distribute, and distribution of, cocaine, and so did his judgment. Thirteen years after the entry of judgment, defendant filed a pro se motion with the district court under Federal Rule of Criminal Procedure 36. The district court corrected the judgment, but refused to correct the misstatement on the PSR. The court concluded that the PSR is a "part of the record" within the meaning of Rule 36. Further, the court concluded that the error was not harmless because it affected defendant's substantial rights. Accordingly, the court reversed and remanded.
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