United States v. Robert Michael Kwasny

Good Law
972 F.2d 1345·1992 WL 167965·1992 U.S. App. LEXIS 27594
United States Court of Appeals for the Ninth CircuitJuly 17, 199291-50507California780 words

Opinion

Opinion

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Robert Michael KWASNY, Defendant-Appellant. No. 91-50507. United States Court of Appeals, Ninth Circuit. Submitted July 9, 1992. * Decided July 17, 1992. Before FARRIS, WIGGINS and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Robert Kwasny appeals the sentence he received after pleading guilty to one count of misdemeanor destruction of government property under 18 U.S.C. section 1361 . We have jurisdiction pursuant to 28 U.S.C. section 1291 and affirm. 3 We first address the possibility that this case is moot. Although neither party raises this issue, we are obligated to resolve the question of our own jurisdiction to consider issues presented on appeal. See United States v. Morales, 898 F.2d 99, 101 (9th Cir.1990). Kwasny appeals only his sentence and not the underlying conviction. However, due to the failure of Kwasny's attorney to expedite this appeal, Kwasny…

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