Badea

895 F.2d 1418 Unpublished Disposition NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John BADEA, Defendant-Appellant. Nos. 88-1408, 88-15450. United States Court of Appeals, Ninth Circuit. Submitted Nov. 15, 1989. * Decided Feb. 13, 1990. Before POOLE, NELSON and WIGGINS, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Defendant/Appellant John Badea was indicted for fifty counts of related credit card fraud offenses. Pursuant to a plea agreement, he pled guilty to one count and received a eight year sentence. Shortly after sentencing, Badea filed a motion to vacate, set aside or correct his sentence under 28 U.S.C. Sec. 2255 and moved for discovery. The district court denied both motions. Badea timely appealed the motions and the denial of a hearing. 3 Badea also filed a Rule 35 motion requesting a reduction or correction of his sentence on the grounds that materially false information was used as a basis for sentencing and that…