United States v. Jose Maldonado-Hernandez

962 F.2d 15 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose MALDONADO-HERNANDEZ, Defendant-Appellant. No. 90-10153. United States Court of Appeals, Ninth Circuit. Submitted March 24, 1992. * Decided May 6, 1992. Before KILKENNY, GOODWIN and FERGUSON, Circuit Judges. 1 MEMORANDUM * 2 An appeal was filed for Jose Maldonado-Hernandez by his court appointed counsel. The only issue is whether the trial court abused its discretion in sentencing the defendant to a term of six months in confinement upon receipt of the guilty plea instead of waiting the usual 70 days for the probation department to complete a presentence report. 3 Maldonado had admitted illegal re-entry after deportation, and admitted the correctness of the probation officer's worksheet which showed two prior convictions. There is no contention that the sentence did not conform to the guidelines. The only possible challenge that could be made is that the…