United States v. Ronald v. Cloud

Appellant Ronald Cloud (Cloud) appeals from the district court’s order denying his motion to “correct an illegal sentence.” We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Cloud was convicted of aiding and abetting bank fraud in violation of 18 U.S.C. §§ 2 and 1344 and conspiracy to commit bank fraud in violation of 18 U.S.C. § 371 . The facts supporting these convictions are detailed in our opinion considering Cloud’s first appeal of his conviction and sentence, United States v. Cloud, 872 F.2d 846 (9th Cir.) [hereinafter Cloud I], cert. denied, — U.S. —, 110 S.Ct. 561 , 107 L.Ed.2d 556 (1989). In Cloud I we declined to consider the issue we decide today, because Cloud had failed to present it to the district court. Id. at 857.

Cloud’s sentence provided, inter alia, that he was to make restitution payments of $800,000 semi-annually for a total of $7,500,000. After our decision in Cloud I, Cloud, pursuant to the version of Federal Rule of Criminal Procedure 35(a) in effect at the time of his sentencing, June 19, 1987, see United States v. Minor, 846 F.2d 1184, 1188 (9th Cir.1988), brought a motion in the district court claiming that the portion of his sentence stating that on…