United States v. Charles Edward Shipherd

942 F.2d 795 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Charles Edward Shipherd, Defendant/Appellant. No. 90-10371. United States Court of Appeals, Ninth Circuit. Submitted Aug. 13, 1991. * Decided Aug. 30, 1991. Before BROWNING, FARRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Charles Edward Shipherd appeals his sentence upon his conviction for conspiracy to import marijuana, in violation of 21 U.S.C. §§ 952 (a) and 963. Shipherd argues that the district court erred when it: (1) failed to make a finding of fact or state that it would disregard disputed material in the presentence report as required by Federal Rule of Criminal Procedure 32(c)(3)(D); (2) relied upon false information in the presentence report; and (3) failed to ask Shipherd personally whether he wished to make a statement prior to resentencing as required by Federal Rule of Criminal Procedure 32(a)(1). 3 Under Rule 32(c)(3)(D), when a…