---
title: "United States v. Portillo"
citation: "363 F.3d 1161 (11th Cir. 2004)"
authority_id: "AUTH-CA11-PORTILLO-363-F3D-1161"
authority_type: "case"
jurisdiction: "federal_eleventh_circuit"
precedential_status: "binding_in_ca11"
url: "https://jason93.com/legal/federal-process/authorities/AUTH-CA11-PORTILLO-363-F3D-1161/"
legal_review: "2026-10-30"
license: "CC BY 4.0"
---

# United States v. Portillo

## Holding or rule used

- Rule 36 may not be used to make a substantive alteration to a criminal sentence, but a court may correct clerical errors in the written judgment at any time, for example to conform it to the oral sentence; a minor, mechanical correction that does not make the sentence more onerous is clerical (363 F.3d at 1164–65).

## Material limitation

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## Source

363 F.3d 1161 (11th Cir. 2004): <https://www.courtlistener.com/opinion/76508/united-states-v-byron-leonel-portillo/>


## Used in

- [Rules 35 and 36 — Sentence Correction, Assistance, Record Error, and Appeals](https://jason93.com/legal/federal-process/modules/70-sentence-modification/rules-35-36-and-modification-appeals.md)
