United States v. David Owen Zarucchi

36 F.3d 1104 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David Owen ZARUCCHI, Defendant-Appellant. No. 93-10220. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1994. * Decided Sept. 22, 1994. Before: SNEED, WIGGINS, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 David Owen Zarucchi appeals his conviction and sentence following entry of a guilty plea to mailing threats against the President of the United States in violation of 18 U.S.C. Sec. 871 . Zarucchi argues that the district court conducted an inadequate Rule 11 proceeding, erroneously refused to continue the sentencing hearing, and failed to make adequate findings regarding alleged factual inaccuracies in the presentence report. We have jurisdiction under 28 U.S.C. Sec. 1291 and reverse. 3 Zarucchi contends that the district court failed to comply with the requirements of Fed.R.Crim.P. 11. The government concedes the issue and we agree. 4 We…