United States v. Richard Lopez

62 F.3d 1426 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Richard LOPEZ, Defendant-Appellant. No. 94-50066. United States Court of Appeals, Ninth Circuit. Submitted March 10, 1995. * Filed April 10, 1995. Withdrawn July 21, 1995. Decided July 21, 1995. 1 Before: BROWNING, and BEEZER, Circuit Judges, and JONES, ** District Judge. 2 MEMORANDUM *** I. 3 The district court violated Federal Rule of Criminal Procedure 32(a)(1)(A) by failing to inquire whether Lopez had read the presentence report and discussed it with his counsel. U.S. v. Davila-Escovedo, 36 F.3d 840, 844 (9th Cir. 1994). However, the only specific fact that Lopez asserts he was prevented from disputing is a statement attributed to a seventeen year-old report of a probation officer that Lopez had admitted to occasional marijuana use. 1 U.S. v. Sustaita, 1 F.3d 950, 954 (9th Cir. 1993). Failure to contest this statement could not have prejudiced Lopez in light…