United States v. Kenneth Richmond

21 F.3d 1118 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kenneth RICHMOND, Defendant-Appellant. No. 93-10375. United States Court of Appeals, Ninth Circuit. Submitted Jan. 10, 1994. * Decided April 14, 1994. 1 Before: ALDISERT, ** WIGGINS, and BRUNETTI, Circuit Judges 2 MEMORANDUM *** FACTS 3 In 1987, Kenneth Richmond ("Appellant") pleaded guilty to possession of cocaine base with intent to distribute, and was given a sentence including a term of special parole. Supervised release was later substituted for the special parole. In 1993, he was found to have violated the terms of his supervised release. At the sentencing hearing, the district court was of the opinion that the sentence was not "covered by" the United States Sentencing Guidelines because the original sentence was imposed before the effective date of the Guidelines. Neither Appellant nor the Government contested this assumption, but Appellant urged the court…