United States v. Richard Gonzales

Good Law
983 F.2d 1078·1992 U.S. App. LEXIS 37095
United States Court of Appeals for the Ninth CircuitDecember 14, 199292-50364California1,268 words

Opinion

Opinion

983 F.2d 1078 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard GONZALES, Defendant-Appellant. Nos. 91-50825, 92-50364. United States Court of Appeals, Ninth Circuit. Submitted Dec. 9, 1992. * Decided Dec. 14, 1992. Before TANG, PREGERSON and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 In these consolidated appeals, Richard Gonzales appeals from his sentence following revocation of probation. He contends that the district court lacked jurisdiction to sentence him because the term of probation had expired prior to the dates on which he committed the probation violations. We have jurisdiction under 28 U.S.C. § 1291 and we vacate and remand. 3 We review de novo the district court's assumption of jurisdiction. United States v. Levitt, 799 F.2d 505, 506 (9th Cir.1986). 4 "The interpretation of a sentencing order is governed by the court's intent." Levitt, 799 F.2d at 507 . It is possible for a term of probation to…

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