United States v. Leopoldo Hernandez Piloto

Good Law
32 F.3d 573·1994 WL 424672·1994 U.S. App. LEXIS 28965
United States Court of Appeals for the Ninth CircuitAugust 15, 199493-50792California618 words

Opinion

Opinion

32 F.3d 573 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Leopoldo Hernandez PILOTO, Defendant-Appellant. No. 93-50792. United States Court of Appeals, Ninth Circuit. Submitted Aug. 3, 1994. * Decided Aug. 15, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Leopoldo Hernandez Piloto appeals the district court's denial of his motion to reduce his sentence pursuant to the former Rule 35 of the Federal Rules of Criminal Procedure. Piloto claims, first, that his federal prosecution placed him in double jeopardy; second, that his sentence should be reduced because codefendants received lesser sentences; and third, that his case should be remanded because the district court failed to make written findings adequate to explain its decision. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 Absent a "clear abuse of discretion," we will not disturb on appeal a district court's…

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