United States v. Francisco J. Soto

993 F.2d 886 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Francisco J. SOTO, Defendant-Appellant. No. 92-10182. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 11, 1993. Decided May 19, 1993. Before: REINHARDT, TROTT and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Appellant Francisco J. Soto appeals the sentence and restitution ordered by the district court in the revocation of his probation for Illegal Entry, in violation of 8 U.S.C. § 1325 , and Student Loan Fraud, in violation of 20 U.S.C. § 1097 (a). The district court revoked Soto's probation for those offenses after he was arrested in Arizona for conspiracy to sell marijuana, and sentenced him to a twelve month concurrent sentence on each of the two counts. Soto now challenges the district court's order, alleging 1) the twelve month sentence for the misdemeanor illegal entry conviction exceeded the statutory maximum; 2) the district…