USA v. Linebarger

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CRIMINAL ACTION NO. 5:23-CR-00036-KDB-SCR
UNITED STATES OF AMERICA,

V. ORDER

ALVIN JUAN'WON
LINEBERGER,

Defendant.

THIS MATTER is before the Court on the parties’ Joint Motion to Amend Indictment,
Plea Agreement & Factual Basis (Doc. No. 28). Generally, an “indictment may not be amended
except by resubmission to the grand jury, unless the change is merely a matter of form.” United
States v. Promise, 255 F.3d 150, 161 (4th Cir. 2001) (quoting Russell v. United States, 369 U.S.
749, 770 (1962)). Changes such as “a correction for a typographical error or clerical error’ are
merely a matter of form. United States v. Horbuckle, No. 2:06-cr-15, 2007 WL 1652270, at *1
(W.D.N.C. June 6, 2007).

The proposed change to the indictment, plea agreement, and factual basis in this case would
correct a typographical error. Specifically, Defendant was charged as Alvin Juan’won Lineberger.
However, his name is Alvin Juan’won Linebarger. See Doc. No. 28. Changing just one letter to
correct the misspelling of Defendant’s name is merely a matter of form and, thus, the Court will
grant the motion and allow the Govemment to amend the requested documents without
necessitating a grand jury.

SO ORDERED.

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INFORMATION

Signed: June 6, 2024

Kenneth D. Bell

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Case 5:23-cr-00036-KDB-SCR Document 29 _ Filed 06/06/24 Page 2 of 2