United States v. Linus W. Bowman

Good Law
21 F.3d 1116·1994 WL 108028·1994 U.S. App. LEXIS 19980
United States Court of Appeals for the Ninth CircuitMarch 28, 199493-35029California1,044 words

Opinion

Opinion

21 F.3d 1116 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Linus W. BOWMAN, Defendant-Appellant. No. 93-35029. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1994. * Decided March 28, 1994. Before: FLETCHER, BRUNETTI, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Linus W. Bowman appeals pro se the district court's summary dismissal of his 28 U.S.C. Sec. 2255 motion to correct his 16-year sentence imposed following his guilty plea to engaging in a continuing criminal enterprise and making false statements on tax returns. Bowman asserts that the district court violated Fed.R.Crim.P. 32(c)(3)(D) by failing to make findings on controverted matters in his presentence report and to append to the presentence report sent to the Bureau of Prisons either the findings on the controverted matters or a statement that the controverted matters would not be taken into account in sentencing. We review de novo, United…

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