United States v. Antonio Martinez-Ortega

972 F.2d 1345 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Antonio MARTINEZ-ORTEGA, Defendant-Appellant. No. 91-30419. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1992. * Decided Aug. 24, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Antonio Martinez-Ortega appeals from the denial of his motion to correct his sentence under Fed.R.Crim.P. 35. Martinez-Ortega was originally sentenced on May 6, 1988, and resentenced on March 26, 1991, following a limited remand from this court. He did not appeal from his resentencing, but filed a motion under Rule 35, contending that his second sentence was illegal because he was not accorded the benefit of amendments to the United States Sentencing Guidelines which applied to issues outside the scope of this court's remand. On appeal, he contends that the district court should have granted the Rule 35 motion because it erred by…