United States v. Richard O. Kelly, Sr., Richard H. Kirschner

15 F.3d 1092 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard O. KELLY, Sr., Defendant, Richard H. Kirschner, Appellant. No. 93-50238. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 8, 1993. Decided Dec. 29, 1993. Before: HUG, SCHROEDER, and BOOCHEVER, Circuit Judges. 1 MEMORANDUM * 2 Richard Kirschner appeals the district court's order sanctioning him for making misleading statements to the court in a motion for bail pending appeal made on behalf of a criminal defendant. Kirschner argues both that the district court abused its discretion in imposing sanctions in these circumstances, and that he was deprived of the due process of law by the district court's handling of this matter. We believe that the district court abused its discretion in issuing the sanctions, and therefore need not address Kirschner's due process claims. 3 This circuit has stated that "[f]or a sanction to be validly…