United States v. Salvador Alonso-Aldama

Good Law
366 F. App'x 751
United States Court of Appeals for the Ninth CircuitFebruary 19, 201009-50104California463 words

Opinion

Opinion

MEMORANDUM

On May 11, 1987, Appellant Salvador Alonso-Aldama was convicted of (1) conspiracy to import a Schedule I Controlled Substance into the United States; (2) importation of a Schedule I Controlled Substance into the United States; (3) conspiracy to possess, with the intent to distribute, a Schedule I Controlled Substance; and (4) possession, with the intent to distribute, a Schedule I Controlled Substance. On June 25, 2008, Appellant filed a motion to reconsider his sentence under the pre-1987 version of Federal Rule of Criminal Procedure 35(b). The district court denied his motion, and Appellant timely appealed. This court has jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

Appellant’s Rule 35(b) motion was due by September 16, 1988, 120 days after the district court received the Ninth Circuit mandate affirming his conviction and sentence. Rule 35(b)’s filing deadline is jurisdictional and has been characterized as mandatory and rigid in this circuit. United States v. Stump, 914 F.2d 170, 172 (9th Cir.1990); United States v. Smith, 650 F.2d 206 , 209 n. 2 (9th Cir.1981); Sanchez v. United States, 572 F.2d 210, 211 (9th Cir.1977).

Although other circuits have…

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