United States v. Kenneth John Holthaus

8 F.3d 31 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kenneth John HOLTHAUS, Defendant-Appellant. No. 93-50645. United States Court of Appeals, Ninth Circuit. Submitted Sept. 3, 1993. * Decided Sept. 16, 1993. Before: BROWNING, SCHROEDER, and HALL, Circuit Judges. 1 MEMORANDUM ** 2 Kenneth John Holthaus appeals the district court's denial of his motion under Federal Rule of Civil Procedure 35(b) 1 to correct or reduce his sentence. Holthaus plead guilty to three counts of armed bank robbery in violation of 18 U.S.C. § 2113 (a) and (d). 3 In 1985, the district court sentenced Holthaus to five years imprisonment on the first count and twenty-five years imprisonment on each of the last two counts, all to run consecutively, followed by a five-year period of probation with 1500 hours of community service. The court suspended the two 25-year prison terms and ordered that Holthaus be placed on probation. 4 In 1989,…