United States v. Greg Davis, AKA Greg David, United States of America v. Moises Negron, Jr.

50 F.3d 17 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Greg DAVIS, aka Greg David, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Moises NEGRON, Jr., Defendant-Appellant. Nos. 93-50676, 93-50677 and 93-50715. United States Court of Appeals, Ninth Circuit. Submitted Feb. 6, 1995. * Decided March 3, 1995. IN PART AND REMANDED. 1 Before: BROWNING, D.W. NELSON, and HAWKINS, Circuit Judges 2 MEMORANDUM ** 3 * Because the district court's finding that Negron had not been advised of his right to appeal was not clearly erroneous, its finding of excusable neglect for the late filing of Negron's notice of appeal was not an abuse of discretion, see United States v. Avendano-Camacho, 786 F.2d 1392, 1394 (9th Cir.1986), and we have jurisdiction over the appeal. II 4 Even assuming the version of 21 U.S.C. Sec. 846 in effect at the time of defendants' offenses did not incorporate the non-paroleability provisions…