United States v. Emmanuel Ambrosio

Emmanuel Ambrosio appeals the grant of the government’s motion under Federal Rule of Criminal Procedure 36 to amend his judgment more than nine years after judgment was entered, and changing the description of one of the offenses—from carrying a firearm during and in relation to a crime of violence, 18 U.S.C. § 924(c), to carrying a firearm during and in relation to a drug trafficking crime. He argues that the district court erred because the amendment prejudiced him by foreclosing his argument for post-conviction relief.

We review de novo the district court’s application of Rule 36. United…