United States v. Warren Kahakua

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Warren KAHAKUA, Defendant-Appellant. No. 93-10531. United States Court of Appeals, Ninth Circuit. Submitted May 13, 1994. * Decided May 23, 1994. Before: FARRIS, BEEZER, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Warren Kahakua appeals his sentence on Count 4 for rape after the district court had granted his 28 U.S.C. Sec. 2255 motion to vacate the 20-year term, consecutive to an identical term on Count 2, originally imposed on March 17, 1980. When Kahakua was resentenced on November 24, 1992, he was given 13 years (or time served) on Count 2 but imposition of sentence on Count 4 was suspended and he was placed on five years probation. After he tested dirty and a show cause order had been issued why probation should not be revoked, both parties agreed that a probationary term was not permitted for Kahakua's rape conviction. On August 9, 1993 the court vacated its…