United States v. James A. Bohn

999 F.2d 544 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James A. BOHN, Defendant-Appellant. No. 92-30479. United States Court of Appeals, Ninth Circuit. Submitted June 21, 1993. * Decided July 6, 1993. Before: CANBY, FERNANDEZ, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 James A. Bohn appeals pro se the district court's denial of his second Fed.R.Crim.P. 35(a) (1986) motion to correct an illegal sentence. He was convicted after guilty pleas to three counts of willful failure to pay income tax in violation of 26 U.S.C. § 7203 . Bohn contends that the district court improperly imposed a split sentence under 18 U.S.C. § 3651 (repealed 1987). We have jurisdiction under 28 U.S.C. § 1291 and affirm. 3 We review de novo the legality of a sentence. United States v. Thompson, 979 F.2d 743, 744 (9th Cir.1992). 4 At sentencing, the district court imposed concurrent five-year probation terms on each count. The…