United States v. Howard Nelson, Sr., United States of America v. Howard Nelson, Jr.

24 F.3d 251 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Howard NELSON, Sr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Howard NELSON, Jr., Defendant-Appellant. Nos. 93-30329, 93-30330. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1994. * Decided April 28, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 In these consolidated appeals, Howard Nelson, Sr. and Howard Nelson, Jr. appeal the district court's denial of an evidentiary hearing on their motion for reduction for sentence pursuant to Fed.R.Crim.P. 35(b). Nelson, Sr. and Nelson, Jr. contend that (1) the government breached their plea agreements by failing to request an evidentiary hearing on its Rule 35(b) motion, and, in the alternative, (2) the district court erred by applying the wrong version of Rule 35(b). Nelson, Jr. contends, in addition, that the district court improperly…