United States v. Rodney John Pruitt

17 F.3d 397 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rodney John PRUITT, Defendant-Appellant. No. 91-10432. United States Court of Appeals, Ninth Circuit. Submitted Sept. 30, 1993. * Decided Dec. 10, 1993. Before: ALARCON, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 We remanded this case in July of 1992 for a determination by the district court of the timeliness of the appeal. The district court found on August 23, 1993 that Pruitt had delivered his notice of appeal to prison authorities within ten days, so the appeal was timely. We then took the case back under submission, and now resolve the appeal on the merits. We affirm. 3 Appellant Rodney Pruitt pleaded guilty to conspiracy to import marijuana in violation of 21 U.S.C. Sec. 963 . He was sentenced to four years imprisonment, a special parole term of three years, a fine of $50,000, and a special assessment of $50. Pruitt moved to modify his sentence…