U.S. v. Gonzales

Full title: United States of America v. Amador Brambila Gonzales, aka Jesus Orosco…

Court: United States District Court, S.D. Ohio, Eastern Division

Date published: Mar 31, 2006

Case No. 2:05-cr-152-3 (S.D. Ohio Mar. 31, 2006)

Opinion

Case No. 2:05-cr-152-3.

March 31, 2006

ORDER

JAMES GRAHAM, District Judge

At the defendant's change of plea hearing, the parties requested and agreed to an order for the correction of the records in this case to reflect the fact that Amador Brambila Gonzales is the true legal name of the defendant.

Pursuant to Fed.R.Crim.P. 36, this court may correct errors in the record arising from oversight or omission. It is also generally held that misnomers are generally mistakes of form which may be corrected by amending the indictment. See, e.g., United States v. Robles-Vertiz, 155 F.3d 725 (5^th Cir. 1998) (amendment of indictment to reflect proper name of defendant was proper); United States v. Mason, 869 F.2d 414, 417 (8^th Cir. 1989) (district court properly ordered amendment of indictment to reflect the true middle initial of the defendant where amendment did not change substance of indictment and defendant was not prejudiced by amendment); United States v. Perez, 776 F.2d 797 (9^th Cir. 1985) (indictment may be amended to correct name of defendant).

In this case, the defendant has admitted that he is the same person as the "Jesus Orosco Brambila" referred to in the indictment, and does not contest that he is the individual that the grand jury intended to indict. He has entered guilty pleas to counts in the indictment. He has indicated that he has no objection to the amendment of the indictment to reflect his true name. The amendment of the records in this case to include the defendant's legal name will assist the Bureau of Prisons and law enforcement agencies in the future and will ensure that the defendant's case is accurately processed through the legal system.

Accordingly, the request of the parties is granted, and the indictment in this case is hereby amended to add the language "Amador Brambila Gonzales, aka" prior to the name "Jesus Orosco Brambila, aka Abundio" where it appears in the indictment and in any other order in this case. The court further orders the clerk to correct the caption of the docket in this case by adding the language "Amador Brambila Gonzales, aka" prior to the name "Jesus Orosco Brambila, aka Abundio."