(11th Cir.2003). The only issue that we must determine in this appeal is whether the district court had jurisdiction under Fed.R.Crim.P. 36 to correct the original written judgment sentencing Portillo. Fed.R.Crim.P. 36 provides that “[a]fter giving any notice it considers appropriate, the court may at any time correct a clerical error in a judgment, order, or other part of the record, or correct an error in the record arising from oversight or omission.” Thus, the question before us is whether the two errors corrected by the court constituted “clerical mistakes” that the court is allowed to correct “at any time”. It is clear in this Circuit that Rule 36 may not be used “to make a substantive alteration to a criminal sentence.” United States v. Pease, 331 F.3d 809, 816 (11th Cir.2003) (<HOLDING>)(citing to United States v. Whittington, 918
holding that rule 36 may not be used by the district court to fundamentally alter the defendants sentence from three to five years imprisonment in an attempt to conform the sentence to the intention of the parties as reflected in the plea agreement which provided that the prisoner would serve exactly five years holding that rule 36 was inapplicable when a court order fundamentally changed the sentence appellant had earlier received holding in a case where the plaintiff had argued that the district court lacked jurisdiction to amend its judgment more than ten days after entry because that is the time limit under federal rule of civil procedure 59 that a district court can amend its judgment because of mistake or inadvertence months after judgment has been entered pursuant to rule 60b of the federal rules of civil procedure holding that the district court erred when it failed to consider the presumption of irreparable harm holding that the district court erred when it used rule 36 to amend the defendants sentence to include an order of forfeiture that had been agreed to in the plea agreement but which the court failed to make a part of its judgment at sentencing