United States v. J. Robert Gomez-Soto

68 F.3d 481 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. J. Robert GOMEZ-SOTO, Defendant-Appellant. No. 94-10460. United States Court of Appeals, Ninth Circuit. Submitted Oct. 11, 1995. * Decided Oct. 20, 1995. Before: BEEZER, THOMPSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 J. Robert Gomez-Soto, a federal prisoner, appeals pro se the district court's denial of his Rule 35 motion. He contends the district court erred when it denied him relief. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm in part, vacate in part, and remand. 3 "The district court's ruling on a Rule 35 motion is reviewed for illegality or gross abuse of discretion." United States v. Stump, 914 F.2d 170, 172 (9th Cir. 1990). A prisoner sentenced under pre-Guidelines law can move under Rule 35 to correct an illegal sentence at any time. Id. However, the district court lacks jurisdiction to consider motions to reduce a…