Terry James Kohl v. United States

990 F.2d 1258 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Terry James KOHL, Plaintiff-Appellant, v. UNITED STATES of America Defendant-Appellee. No. 92-35275. United States Court of Appeals, Ninth Circuit. Submitted April 9, 1993. * Decided April 13, 1993. Before WRIGHT, THOMPSON and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Kohl had been involved in cocaine trafficking, and was indicted for conspiracy to distribute 500 grams or more of cocaine. 21 U.S.C. §§ 846 , 841(a). He acquiesced to a plea agreement whereby the government would recommend a downward departure. The judge departed downward and imposed a sentence of 120 months. 3 Kohl then filed a pro se motion, pursuant to an obsolete version of Fed.R.Crim.P 35(a), for correction of his sentence. The District Court construed this as a motion for collateral relief under 28 U.S.C. § 2255 , and denied relief. Kohl appealed this denial. While his appeal was pending, Kohl filed a second pro se motion…