United States v. Ruben Cruz Federico

892 F.2d 1047 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ruben Cruz FEDERICO, Defendant-Appellant. No. 89-10150. United States Court of Appeals, Ninth Circuit. Submitted Oct. 5, 1989. * Decided Oct. 13, 1989. As Amended on Denial of Rehearing Dec. 6, 1989. Before WILLIAM A. NORRIS, DAVID R. THOMPSON and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Ruben Cruz Federico ("Federico"), a federal prisoner, appeals pro se the district court's denial of his motion for correction of sentence pursuant to Fed.R.Crim.P. 35(a). We vacate Federico's sentence in part and remand for resentencing. FACTS AND PROCEEDINGS 3 On July 17, 1987, Federico pleaded guilty to possession with intent to distribute two kilograms of cocaine in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(B). The offense occurred in May 1987. On August 31, 1987, the district court, pursuant to section 841(b)(1)(B), sentenced Federico to five years of…