What is the test for a Rule 36 motion for clear error?
MultiRegion, United States of America
The following excerpt is from U.S. v. Clay, 972 F.2d 1344 (9th Cir. 1992):
Rule 36 "envisions that the district court will make a factual finding whether the clerk of the court committed error in describing the sentence imposed by the court." United States v. Bergmann, 836 F.2d 1220, 1221 (9th Cir.1988) (citations omitted). We review denial of a Rule 36 motion for clear error. Id.
The district court's oral sentence stated:
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