Richard De Gallegos v. United States

57 F.3d 1076 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Richard DE GALLEGOS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 94-56184. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1995. * Decided June 9, 1995. 1 Before: WALLACE, Chief Judge, KOZINSKI and RYMER, Circuit Judges 2 MEMORANDUM ** 3 Richard de Gallegos, a former attorney, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 motion to vacate, set aside or correct his sentence for his conviction for mail fraud, tax fraud and contempt. He focuses on two issues, that his Rule 35 motion for modification of sentence should have been granted because the plea agreement permitted an order of restitution to be entered for 100% of all counts instead of $1600 on the count to which he pled guilty; and that the district court abused its discretion in sentencing him under the pre-Guidelines law to 10 years in custody and ordering him to make restitution on…