United States v. Frances Kay Cripps

967 F.2d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Frances Kay CRIPPS, Defendant-Appellee. No. 91-30296. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 6, 1992. Decided June 3, 1992. 1 Before WALLACE, Chief Judge, GOODWIN, Circuit Judge, and CROCKER, * District Judge. 2 MEMORANDUM ** 3 The United States appeals the district court's order suspending Cripps' original five year sentence and placing her on five years probation, conditioned on her serving one year in a half way house. The district court had jurisdiction under 18 U.S.C. § 3231 . We have jurisdiction pursuant to 18 U.S.C. § 3731 . 4 It is not necessary to decide whether the court had jurisdiction to grant the order under Fed.R.Crim.P. 35 because adequate authority existed under 18 U.S.C. § 3651 . 1 See United States v. Karp, 764 F.2d 613 (9th Cir.1985). Karp held that the district court retains authority under…