United States v. Robert Mackay

EDWARD C. PRADO, Circuit Judge:

I. INTRODUCTION AND BACKGROUND

Defendant-Appellant Robert A. Mackay (“Mackay”) pled guilty to conspiracy to distribute and to possession with intent to distribute marijuana-not cocaine. But the cover sheet of his presentence report (“PSR”) erroneously listed his offense as conspiracy to possess with intent to distribute, and distribution of, cocaine, and so did his judgment. The clerical error had no effect on Mackay’s conviction or sentence. Mackay’s counsel neglected to object to the misstatement on the PSR under Federal Rule of Criminal Procedure 32(f) or to…