United States v. Randell Stortroen

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Randell STORTROEN, Defendant-Appellant. No. 88-3285. United States Court of Appeals, Ninth Circuit. Submitted Oct. 30, 1989. Decided Dec. 6, 1989. Before ALARCON, O'SCANNLAIN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Randell Stortroen, a federal prisoner, appeals from the district court's order denying his Fed.R.Crim.P. 35 Motion To Correct Sentence. We affirm but on different grounds. We hold that the district court lacked jurisdiction to consider the motion. 3 The district court imposed Stortroen's sentence on September 15, 1987. Stortroen did not bring his Fed.R.Crim.P. 35 motion until September 30, 1988. Under the old version of Rule 35 which is applicable to Stortroen, the district court only had jurisdiction to correct an illegal sentence. Any other motion under Rule 35 must be brought within 120 days of sentencing. 4 Stortroen's motion does not seek…