United States v. Monte Berrett

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellee, v. Monte BERRETT, Defendant-Appellant. No. 91-10200. United States Court of Appeals, Ninth Circuit. June 17, 1992. Before JAMES R. BROWNING, ALDISERT, ** and PREGERSON, Circuit Judges. 1 MEMORANDUM *** 2 Monte Berrett, a federal prisoner, appeals pro se the district court's order dismissing his Fed.R.Crim.P. 35 motion for lack of jurisdiction. Berrett was convicted of conspiracy to defraud the United States in violation of 18 U.S.C. § 371 . On August 30, 1985, Berrett was sentenced to four years in prison. Berrett did not file his Rule 35 motion until March 12, 1991. Berrett contends that the district court erred by treating his Rule 35(a) motion for correction of an illegal sentence as a Rule 35(b) motion for reduction of sentence. We affirm. 3 Berrett filed alternative motions under Rule 35 and 28 U.S.C. § 2255 . The district court dismissed the Rule 35…