Opinion
2:16-cr-00374-APG-NJK
12-06-2022
UNITED STATES OF AMERICA, Plaintiff, v. KING ISAAC UMOREN, Defendant.
ORDER GRANTING MOTION TO CORRECT SENTENCE
[ECF NO. 306]
ANDREW P. GORDON, UNITED STATES DISTRICT JUDGE
At the November 30, 2022 sentencing hearing, the government requested and I imposed restitution for Counts 14-23 totaling $4,659,101. Judgment has not yet been entered. The government now moves to correct the restitution amount for those counts by reducing it to $34,795. ECF No. 306. The defendant does not oppose. Id. at 3.
The government notes that the restitution amount it requested is inappropriate under the statute of conviction for Counts 14-23. Federal Rule of Criminal Procedure 35(a) provides: “Within 14 days after sentencing, the court may correct a sentence that resulted from arithmetical, technical, or other clear error.” A statutorily incorrect restitution amount is “clear error,” so correcting it falls within the scope of this rule. Because the motion is supported by good cause, I will grant it and alter the restitution amount for those counts.
I THEREFORE ORDER that the restitution amount I imposed on the defendant for Counts 14-23 is amended as follows: defendant King Umoren is ordered to pay restitution for counts 14-23 in the amount of $34,795. The remaining terms and conditions of the sentence I imposed remain the same.