--- title: "United States v. Werber" citation: "51 F.3d 342 (2d Cir. 1995)" authority_id: "AUTH-CA2-WERBER-51-F3D-342" authority_type: "case" jurisdiction: "federal_second_circuit" precedential_status: "binding_in_ca2" url: "https://jason93.com/legal/federal-process/authorities/AUTH-CA2-WERBER-51-F3D-342/" legal_review: "2026-10-30" license: "CC BY 4.0" --- # United States v. Werber ## Holding or rule used - Rule 36 authorizes a court to correct only clerical errors in the transcription of judgments, not to effectuate unexpressed sentencing intentions; it permits conforming the written judgment to the oral sentence but not amending the oral sentence itself, and it provides no jurisdiction to correct an error of law, including a mistaken failure to depart under the Guidelines. ## Material limitation Saved text has no reporter page markers, so no F.3d pinpoint is given. Predates the 2002 restyling of Rule 36. Comprehensive commercial citator not run. ## Source 51 F.3d 342 (2d Cir. 1995): ## 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)