United States v. Frank Bettelyoun, No. 09-3631 (8th Cir. 2010)
Annotate this CaseCourt Description: Criminal case - criminal law. Denial of Rule 36 motion to correct sentence affirmed without comment.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 09-3631 ___________ United States of America, Appellee, v. Frank Jayrold Bettelyoun, Appellant. * * * * Appeal from the United States * District Court for the * District of South Dakota. * * [UNPUBLISHED] * ___________ Submitted: April 27, 2010 Filed: April 30, 2010 ___________ Before WOLLMAN, COLLOTON, and GRUENDER, Circuit Judges. ___________ PER CURIAM. Frank Jayrold Bettelyoun appeals the district court s1 denial of his Federal Rule of Criminal Procedure 36 motion to correct a clerical error in the amended judgment in his criminal case. We agree with the district court that the amended judgment accurately reflects the sentence imposed; the type of error Bettelyoun alleged was not a clerical error, see United States v. Yakle, 463 F.3d 810, 811 (8th Cir. 2006) (per curiam). Accordingly, the judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Richard H. Battey, United States District Judge for the District of South Dakota.
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