Bernard D. Bos v. United States

10 F.3d 808 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Bernard D. BOS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 92-36695. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1993. Decided Nov. 15, 1993. Before: HUG, WRIGHT, and GOODWIN, Circuit Judges. 1 MEMORANDUM * 2 This appeal raises two related issues. First, whether the district court committed constitutional error when it erroneously stated that the maximum fine the defendant could receive was $10,000, when, in fact, it was $250,000. Second, whether the court erred in imposing a find including costs of incarceration and supervised release without imposing a punitive fine. We affirm. I. 3 Dr. Bernard Bos pled guilty to one count of mail fraud. This court affirmed his conviction in United States v. Bos, 917 F.2d 1178 (9th Cir.1990). He now appeals, pursuant to 28 U.S.C. Sec. 2255 , to vacate, set aside, or correct the fine portion of his sentence. 4 The…