District court lacks jurisdiction to amend a clerical error in the judgment (under Rule 36) while an appeal is pending from the court’s denial of a prior Rule 36 motion
In an opinion by Judge Kearse, the Circuit ruled in United States v. Jacques, No. 20-1762(L) (2d Cir. July 26, 2021), that a district court lacks authority under Rule 36 (of the Federal Rules of Criminal Procedure) to correct a clerical error in the judgment while an appeal is pending in the Circuit from the … Read more