United States v. Robert James Miller

981 F.2d 1260 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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 James MILLER, Defendant-Appellant. No. 91-50003. United States Court of Appeals, Ninth Circuit. Submitted Nov. 18, 1992. * Decided Dec. 7, 1992. Before CHOY, SNEED and SKOPIL, Circuit Judges. 1 MEMORANDUM ** 2 Robert Miller appeals the district court's denial of his Federal Rule of Criminal Procedure 35 motion to correct his sentence. He contends that the court (1) erroneously construed the motion as a 28 U.S.C. § 2255 petition; (2) improperly resentenced him on a mechanical basis; (3) exercised judicial vindictiveness in resentencing; and (4) coerced his plea by threatening to impose a harsher sentence on remand. We reject these contentions and we affirm. DISCUSSION 3 We reject Miller's contention that the district court erred by construed his Rule 35 motion as a habeas petition. The court clearly has the authority to construe a pro se motion…