United States v. Edward Elbert Wingender

9 F.3d 1555 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Edward Elbert WINGENDER, Defendant-Appellant. No. 93-50339. United States Court of Appeals, Ninth Circuit. Submitted Oct. 20, 1993. * Decided Oct. 26, 1993. Before: BEEZER, KOZINSKI, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Edward Elbert Wingender appeals from the district court's amended judgment following his guilty plea to aiding and abetting mail fraud in violation of 18 U.S.C. §§ 2 and 1341. Wingender contends that the district court erred by amending the judgment to order that his probation term begin upon his release from custody, rather than at the time of sentencing. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 On June 19, 1989, the district court sentenced Wingender under pre-United-States-Sentencing-Guidelines law as follows: "The Defendant is remanded to the custody of the Attorney General for a term of five…