United States v. Mark W. Nicholson

19 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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mark W. NICHOLSON, Defendant-Appellant. No. 93-55171. United States Court of Appeals, Ninth Circuit. Submitted Nov. 3, 1993. * Order filed Nov. 18, 1993. Order Withdrawn Feb. 24, 1994. Memorandum Decided Feb. 24, 1994. Before: BROWNING, BEEZER, and TROTT, Circuit Judges. ORDER 1 Defendant-Appellant Mark Nicholson's petition for rehearing, filed December 6, 1993, is hereby GRANTED. 2 The Order filed November 18, 1993 is hereby WITHDRAWN. 3 MEMORANDUM ** 4 Mark Nicholson challenges the district court's order denying his motion to reduce sentence. He argues that the district court should have found that the government was contractually bound to request a reduction. We affirm. 5 Nicholson styled his petition as a motion to reduce sentence pursuant to Rule 35(b) of the Federal Rules of Criminal Procedure or, alternatively, as a motion to vacate, set aside, or correct…