United States v. Anniel Gomez
700 F. App'x 963
| 11th Cir. | 2017Background
- In 2007 Gomez pled guilty to drug conspiracy offenses; the factual basis acknowledged that during the conspiracy he stabbed his uncle, Jesus Miranda, who died.
- The probation officer applied U.S.S.G. § 2A1.2 (second-degree murder) as the base offense level (38), yielding a Guidelines range that the district court ultimately adopted.
- At sentencing the court rejected Gomez’s objection that the killing was voluntary manslaughter, found his conduct constituted second-degree murder, and imposed a sentence of 365 months (after adjustments).
- Gomez’s direct appeal and a later § 2255 motion were unsuccessful; the Eleventh Circuit previously affirmed the murder finding.
- In 2016 Gomez moved under Federal Rule of Criminal Procedure 36 to “correct” the official record/PSR to remove the murder-based Guidelines treatment, arguing the record was incorrect and that he should be eligible for a sentence reduction under Amendment 782.
- The district court denied the Rule 36 motion; Gomez appealed, arguing the inclusion of the killing in the PSR was a clerical error requiring correction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 36 permits correction of the PSR to remove the murder-based Guidelines treatment | Gomez contended the PSR improperly included Miranda’s death in the Guidelines calculation and that Rule 36 allows correcting the record so he can seek a sentence reduction | Government/district court argued Rule 36 only fixes clerical/minor mechanical errors and cannot change substantive sentencing determinations already litigated at sentencing | The court held Rule 36 cannot be used to make substantive changes; the motion sought a substantive alteration to the Guidelines calculation and was properly denied |
Key Cases Cited
- United States v. Davis, 841 F.3d 1253 (11th Cir. 2016) (Rule 36 cannot be used to make substantive alterations to a criminal sentence)
- United States v. Portillo, 363 F.3d 1161 (11th Cir. 2004) (Rule 36 is limited to correcting minor, mechanical errors)
- Sapuppo v. Allstate Fla. Ins. Co., 739 F.3d 678 (11th Cir. 2014) (argument abandoned on appeal if only passed reference is made)