United States v. Norman Leon Vroman

Norman Vroman appeals the district court’s denial of his motion for reconsideration of the court’s initial denial of his motion “to modify and terminate” probation. See United States v. Vroman, 795 F.Supp. 324 (N.D.Cal.1992), We vacate the district court’s judgment because the court lacked jurisdiction over Vroman’s motion.

Vroman was convicted by a jury of five counts of willfully failing to file tax returns in violation of 26 U.S.C. § 7203 , and was sentenced to 17 months imprisonment to be followed by five.years of probation. He immediately filed a notice of appeal, stating that he was appealing his conviction and sentence. Vroman did not challenge his sentence in his direct appeal. See United States v. Vroman, 975 F.2d 669 (9th Cir.1992). In fact, Vroman did not even object to the imposition of probation at sentencing. Later, however, he chose to file a motion “to modify and terminate probation” while his direct appeal to the Ninth Circuit was pending. The district court entertained but denied this motion, as well as Vroman’s motion for reconsideration. In denying Vroman’s motions, the district court refused to follow language from United States v. Mitsubishi Int’l Corp., 677…