United States v. Donald R. Lew

28 F.3d 109 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Donald R. LEW, Defendant-Appellant. No. 93-10718. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 20, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Donald R. Lew appeals pro se the district court's denial of his Fed.R.Crim.P. 35(a) motion challenging his 18-month sentence imposed following a guilty plea to bank fraud in violation of 18 U.S.C. Sec. 1014 . Lew contends that the district court clearly erred by making an upward adjustment in his offense level for (1) the amount of loss and (2) more than minimal planning. He also argues that the government reneged on a promise to file a motion under Rule 35(b) for substantial assistance. We affirm. 3 For offenses committed after November 1, 1987, the applicable version of Rule 35(a) allows "a district court to correct a sentence only on remand from…