United States v. Simon Castorena Sotelo

ORDER

Defendant, Simon Castoreña Sotelo, appeals from the district court’s denial of his motions to reduce sentence. We do not address the merits of his appeals, because the matters must be remanded to the district court for a finding regarding excusable neglect under Fed.R.App.P. 4(b).

FACTS

Sotelo was indicted in United States v. Simon Castoreña Sotelo, et al., No. CR 87-597 CAL (the “Distribution Case”) and United States v. Alvaro Julio Echavarria Olarte, et al., No. CR 87-598 CAL (the “Importation Case”). On August 31, 1988, Sotelo pleaded guilty to one count of conspiracy to import cocaine and one count of structuring bank transactions in the Importation Case and one count of possession with intent to distribute 500 or more grams of cocaine and one count of possession with intent to distribute over five kilograms of cocaine in the Distribution Case. Sotelo was sentenced on September 28, 1988.

Sotelo filed motions to correct and reduce sentence on January 26, 1988, within the 120-day period for filing of motions under the version of Fed.R.Crim.P. 35(b) applicable to these cases. In an order filed March 23, 1989, the district court granted the motion to correct the judgment…