United States v. Mark Douglas Zubick

28 F.3d 110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Mark Douglas ZUBICK, Defendant-Appellant. No. 93-50419. United States Court of Appeals, Ninth Circuit. Submitted June 7, 1994. * Decided June 27, 1994. 1 Before: FARRIS, O'SCANNLAIN and TROTT, Circuit Judges 2 MEMORANDUM ** 3 Defendant Mark D. Zubick appeals the district court's refusal to modify the contents of his pre-sentence report. The district court had jurisdiction pursuant to 28 U.S.C. Sec. 2255 . We dismiss the appeal because it is moot. 4 Zubick contends that the inclusion of the $68,191 loss figure in his presentence report led the Parole Commission to calculate his offense severity rating as a "category four" at his parole hearing on the six year sentence imposed by Judge Davies in a separate criminal case, Case No. CR 88-157(A)-JGD. However, in CA No. 92-56341 we vacated the sentence imposed by Judge Davies and remanded for resentencing. 5 The test for…