United States v. Jose Londono

41 F.3d 1514 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose LONDONO, Defendant-Appellant. No. 93-50643. United States Court of Appeals, Ninth Circuit. Submitted Nov. 14, 1994. * Decided Nov. 18, 1994. Before: WALLACE, Chief Judge, GOODWIN and NORRIS, Circuit Judges. 1 MEMORANDUM ** 2 Jose Londono appeals the conviction and 121-month sentence imposed following his entry of a guilty plea to conspiracy to distribute and aiding and abetting the possession of cocaine for distribution in violation of 21 U.S.C. Secs. 841 (a)(1), 846, and 18 U.S.C. Sec. 2 . 3 Londono's counsel filed an opening brief alleging two errors in the sentencing process: (1) the district court induced Londono to plead guilty by promising imposition of a 120-month sentence and then imposed a 121-month sentence; and (2) the district court erred by failing to append to the presentence report (PSR) findings regarding disputed factual matters contained in…