United States v. Rodney John Pruitt

968 F.2d 1222 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rodney John PRUITT, Defendant-Appellant. No. 91-10432. United States Court of Appeals, Ninth Circuit. Submitted July 12, 1992. * Decided July 15, 1992. Before ALARCON, CYNTHIA HOLCOMB HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Rodney Pruitt pleaded guilty to conspiracy to import marijuana in violation of 21 U.S.C. § 963 . He was sentenced to four years imprisonment, plus a special parole term of three years, a fine of $50,000 and a special assessment of $50. Pruitt moved to modify his sentence under Fed.R.App.P. 35, based on the disparity between his own sentence and those of two other co-conspirators. The district court denied the motion and he appeals. 3 The government argues that Pruitt's notice of appeal was not timely pursuant to Fed.R.App.P. 4(b), and his appeal should be dismissed. "A timely notice of appeal is jurisdictional."…