Opinion
This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
USLA--Office of the U.S. Attorney Criminal Division, Los Angeles, CA, for Plaintiff-Appellee.
William Ross, Terminal Island, CA, pro se.
Appeal from the United States District Court for the Central District of California, Dickran M. Tevrizian, District Judge, Presiding. D.C. No. CR-88-00563-DT-03.
Before: CANBY, BEEZER and KOZINSKI, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
William Ross appeals from the district court's denial of his motion to correct an illegal sentence under former Federal Rule of Criminal Procedure 35(a). We have
Page 163.
jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Ross contends that his sentence was illegal because it was imposed by the judge rather than the jury. Because a sentence of life imprisonment was the only sentence available for the offense at the time of sentencing, sentencing by jury was not required. See United States v. Manning, 56 F.3d 1188, 1200-01 (9th Cir.1995).
AFFIRMED.