Juan Viana-Hernandez v. United States

Federal Rule of Criminal Procedure 36 is titled “Clerical Error” and states, “[a]fter giving any notice it considers appropriate, the court may at any time correct a clerical error in a judgment, order, or other part of the record, or correct an error in the record arising from oversight or omission.” The question presented is whether a court may modify a custodial sentence under Rule 36 because the Bureau of Prisons refuses to carry out the sentence imposed.