United States v. Franco Guido Garita-Rojas

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Franco Guido GARITA-ROJAS, Defendant-Appellant. No. 94-50437. United States Court of Appeals, Ninth Circuit. Submitted Aug. 2, 1995. * Decided Aug. 8, 1995. Before: ALARCON, FERNANDEZ, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Franco Guido Garita-Rojas appeals pro se the district court's order denying his Fed. R. Civ. P. 60(b) motion for reconsideration of the denial of his 28 U.S.C. Sec. 2255 motion. Garita-Rojas was convicted of conspiracy to transport and harbor illegal aliens and other related crimes and was sentenced to thirty-seven months of imprisonment, three years of supervised release, and a $25,000 fine. Garita-Rojas contends that the district court erred by denying his motion to reconsider the propriety of the fine first raised in his Sec. 2255 motion. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review the district court's…