United States v. Sherman Mazur

64 F.3d 667 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Sherman MAZUR, Defendant-Appellant. No. 94-50568. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 10, 1995. Decided Aug. 22, 1995. Before: BROWNING, NORRIS and REINHARDT, Circuit Judges. 1 MEMORANDUM * 2 Pursuant to a written plea agreement, Sherman Mazur pled guilty to one count of conspiracy to commit bankruptcy fraud in violation of 18 U.S.C. Sec. 371 , four counts of bankruptcy fraud in violation of 18 U.S.C. Sec. 152 , and two counts of subscribing to a false tax return in violation of 26 U.S.C. Sec. 7026 (1). 3 Mazur appeals the district court's denial of his motion for reduction of his criminal sentence pursuant to Fed.R.Crim.P. 35. 1 Although the Government originally argued that Mazur waived any right to appeal the denial of a Rule 35 motion pursuant to the written plea agreement, it now concedes, in light of a recent decision of…