United States v. Michael Joseph Murphy

891 F.2d 296 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Michael Joseph MURPHY, Defendant-Appellant. No. 88-3069. United States Court of Appeals, Ninth Circuit. Submitted Oct. 25, 1989. * Decided Dec. 6, 1989. Before SKOPIL, ALARCON, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Michael J. Murphy appeals the district court's denial of his motion to delete statements made by his co-defendant, Ella Rose O'Dell, from his presentence report. Murphy entered a negotiated plea agreement and pled guilty to conspiracy to commit credit card fraud, in violation of 18 U.S.C. §§ 371 and 1029(a), and received a sentence of five years. The district court denied his motion as untimely and for failure to exhaust his administrative appeals. 1. Direct Appeal 3 Murphy styles his motion as made pursuant to Fed.R.Crim.P. 32(c)(3)(D). Rule 32 sets forth the procedure that the district court must use when a defendant alleges any…