Order that Defendant shall pay restitution in the amount — USA v. Harun (Dkt. 39, S.D. Ga.)

Summary

Order in United States v. Gladys Harun, CR 323-003, U.S. District Court for the Southern District of Georgia, Dublin Division, filed 01/29/24 as Document 39, correcting the restitution amount announced at her sentencing. The court explains that at the January 23, 2024 sentencing hearing the evidence supported, and the court intended, restitution of $547,095.07 to the United States Small Business Administration, the amount in the Judgment and Commitment Order entered January 26, 2024. The figure read into the record at the end of the hearing, $552,679.14, was a clerical mistake also recorded in the minutes. Under Federal Rule of Criminal Procedure 36, the court orders restitution of $547,095.07 and directs the Clerk to correct the record, stating that the correction does not modify the sentence.

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Record facts

Full text

IN THE UNITED STATES DISTRICT COURT U.S.
FOR THE SOUTHERN DISTRICT OF GEORGIA ' AUGUSfAul .
DUBLIN DIVISION 
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UNITED STATES OF AMERICA 
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#
V. 
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CR 323-003
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GLADYS HARUN 
*
ORDER
On January 23, 2024, the Court conducted a sentencing hearing
for Defendant Gladys Harun, in which it took evidence regarding the
appropriate amount of restitution owed by Defendant. The evidence
supports, and the Court intended, that Defendant pay $547,095.07 in
restitution to the United States Small Business Administration.
Both the Government agent and the Court announced this amount during
the course of the hearing. 
(FTR,i at 2:32:05 and 3:06:58,
respectively). Indeed, the Judgment and Commitment Order entered
on January 26, 2024, reflects the amount of $547,095.07. (Doc. No.
38, at 6.) It has come to the Court's attention that the restitution
amount read into the record at the conclusion of the sentencing
hearing was misstated to be $552,679.14. 
This was a clerical
mistake; the mistake was also recorded in the minutes of the
proceeding. (See Doc. No. 35.)
^ FTR is the For the Record recording system of the district court.
The Court is able to listen to the recording and note the time stamp
of the cited remarks.
Case 3:23-cr-00003-DHB-BKE     Document 39     Filed 01/29/24     Page 1 of 2

Under Federal Rule of Criminal Procedure 36, the district court
may correct "clerical mistakes in judgments, orders, or other parts
of the record and errors in the record arising from oversight or
omission." 
The Court's misstatement at the conclusion of the
hearing was an oversight undetected by the Court, counsel, and the
United States Probation Office until the minutes of the proceeding
were docketed and reviewed. A correction to the record is therefore
necessary under Rule 36. 
This correction is in no way a
reassessment or modification of the Court's earlier sentencing
decision and is supported by the record evidence.
Upon the foregoing, the Court hereby ORDERS/ ADJUDGES, and
DECREES that Defendant Gladys Harun shall pay restitution in the
amount of $547,095.07 as reflected in the Judgment and Commitment
Order. The Clerk is directed to correct the docket entry of the
Judgment and Commitment Order to the extent it is incorrect. The
Clerk is further directed to add a remark on the public record that
the minutes of the sentencing proceeding have been amended by this
Order. 
Finally, the Clerk shall provide a copy of this Order to
the court reporter to be appended to any transcription of the
sentencing proceeding.
ORDER ENTERED at Augusta, Georgia, this 
day of January,
2024 .
UNITED states district JUDS
2
Case 3:23-cr-00003-DHB-BKE     Document 39     Filed 01/29/24     Page 2 of 2

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