Robert Fischer v. United States

34 F.3d 1072 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert FISCHER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 93-35610. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 6, 1994. Decided Aug. 12, 1994. Before: POOLE, BRUNETTI and KLEINFELD, Circuit Judges. 1 MEMORANDUM * 2 After rejecting an agreement under which he would have plead guilty to a pre-Sentencing Guidelines offense with a sentence of 90 months, plaintiff-appellant Robert Fischer was convicted by a jury of one count of conspiracy to distribute cocaine. The conspiracy began before the implementing date of the Sentencing Guidelines, and continued after that date. Fischer was sentenced to 151 months incarceration, the low end of the Guidelines range, after the sentencing court granted a two-level downward departure for acceptance of responsibility. 3 After Fischer was sentenced, a codefendant, who also went to trial, received a sentence of 40 months,…