DO NOT PUBLISH
Albert Jones, proceeding
In 2003 a jury found Jones guilty of conspiracy to possess with intent to distribute 5 kilograms or more of cocaine, 50 grams or more of cocaine base, and 100 kilograms or more of marijuana, in violation of 21 U.S.C. §§ 841(b)(1)(A), (B), and 846. At the sentence hearing, based on the amount of drugs Jones was accountable for, the court calculated that his base offense level was 34. With the applicable enhancements and criminal history, his total offense level was 38 and his guidelines range was 292 to 365 months imprisonment. The court sentenced Jones to 300 months imprisonment. Jones appealed his conviction and sentence, but did not challenge the district court's drug quantity finding. We affirmed.
In 2008 Jones filed a motion under 18 U.S.C. § 3582(c)(2) seeking to modify or reduce his sentence based on Amendment 706 to the United States Sentencing Guidelines. In its order granting that motion, the district court did not recalculate Jones' base offense level. Instead, it found that under Amendment 706 Jones' total offense level should be reduced from 38 to 36, resulting in a guidelines range of 235 to 293 months imprisonment. It then entered an amended judgment, resentencing Jones to 243 months imprisonment. Jones appealed the amended judgment.
A few months later, and while Jones' appeal was still pending, the district court entered an order scheduling a status conference, noting that:
(Citation omitted). In other words, the district court realized that it had erroneously granted Jones' Amendment 706 motion and reduced his sentence. While Amendment 706 lowered Jones' base offense level as to his crack cocaine offenses, the district court had erroneously overlooked the fact that the base levels for Jones' other offenses remained at 34, which would make him ineligible for any sentence reduction under Amendment 706.
In 2014 Jones filed another motion under § 3582(c)(2), seeking to have his sentence reduced in light of Amendment 782, which he contended lowered his base offense level. Jones also filed a Rule 36 motion to correct the record, requesting that the district court correct what he described as clerical errors appearing in the record. The court denied Jones' Rule 36 motion, finding that there were no clerical errors. In the same order, it denied Jones' motion seeking to have his sentence reduced in light of Amendment 782. The court pointed out that at Jones' initial sentence hearing it had held him accountable for at least 15 kilograms of cocaine, which, under Amendment 782, gave him a base offense level of 32, a total offense level of 36, and a guidelines range of 235 to 293 months imprisonment. And because the court's 2008 order had already lowered his guidelines range to 235 to 293 months imprisonment, Amendment 782 did not have the effect of lowering his guidelines range. As a result, the court had no authority to reduce his sentence under § 3582(c)(2). Jones filed a motion for reconsideration, which the district court denied.
Jones now appeals the district court's denial of his Rule 36 motion, which we review
As an initial matter, the record shows that the district court, when it erroneously granted Jones' 2008 motion, did not amend the drug quantity findings that were made at his initial sentence hearing. As the court explained in a later order, it had erred in granting the 2008 motion because, "based on the large amount of powder cocaine" attributable to Jones, he was not eligible for relief under Amendment 706. The court granted Jones' 2008 motion not because it decided to change its powder cocaine quantity finding but instead because the court overlooked the powder cocaine quantity finding that it had made at his initial sentence hearing.
Not only that, but when the district court ruled on Jones' 2008 motion it did not have the authority to revisit and amend its drug quantity finding even if it wanted to do so.
And in any event, the district court did not have the power under Rule 36 to correct any mistake involving the drug quantity finding. Rule 36 provides that "[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." Fed. R. Crim. P. 36. Clerical mistakes are those that are "minor and mechanical in nature."