United States v. Lino Catabran

In a prior appeal by Lino Catabran, we affirmed his jury conviction of concealment of assets during a bankruptcy proceeding (count II) and destruction and concealment of records of a bankrupt corporation (count IV), both in violation of 18 U.S.C. § 152 (1982). United States v. Catabran, 836 F.2d 453, 461 (9th Cir.1988). The district court had sentenced Catabran to an 18-month prison term on count IV and 5 years’ probation on count II. Catabran now appeals the district court’s denial of his post-appeal Fed.R.Crim.P. 32 motion to correct his presentence report and his Fed. R.Crim.P. 35 motion to reduce his 18-month prison term. We affirm.

A. Fed.R.Crim.P. 32 Motion

For the first time in his post-appeal Rule 32 motion, Catabran challenged the accuracy of information contained in his presen-tence report which allegedly implies that the value of the inventory and other assets which he converted was approximately $330,000.

Rule 32 sets forth the procedure which the district court must follow when a defendant alleges any factual inaccuracy in a presentence report. See Fed.R.Crim.P. 32(c)(3)(D); United States v. Stewart, 799 F.2d 580, 581 (9th Cir.1986). However, Rule 32 “allows the…