U.S. v. Kersnick

Full title: UNITED STATES of America, Plaintiff-Appellant, v. Robert KERSNICK…

Court: United States Court of Appeals, Ninth Circuit

Date published: Apr 7, 1992

960 F.2d 153 (9th Cir. 1992)

Opinion

960 F.2d 153 (9th Cir. 1992) UNITED STATES of America, Plaintiff-Appellant, v. Robert KERSNICK, Defendant-Appellee. No. 89-50441. United States Court of Appeals, Ninth Circuit April 7, 1992

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA9 Rule 36-3 regarding use of unpublished opinions)

Decided April 21, 1992.

Appeal from the United States District Court for the Central District of California, No. CR-88-0232-AAH-4; A. Andrew Hauk, District Judge, Presiding.

C.D.Cal.

AFFIRMED.

Before PREGERSON, D.W. NELSON and DAVID R. THOMPSON, Circuit Judges.

MEMORANDUM ^**

** 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.

We have jurisdiction over this appeal. See 18 U.S.C. § 3731; Fed.R.App.P. 4(b). The defendant's motion under Rule 35 was timely. Houston v. Lack, 487 U.S. 266, 270 (1988). The district court's factual finding that the government failed to comply with its sentencing order was not clearly erroneous.

The district court's order vacating and setting aside the defendant's sentence is AFFIRMED.