Maurice Hernando v. United States

76 F.3d 386 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Maurice HERNANDO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 95-55543. United States Court of Appeals, Ninth Circuit. Submitted Dec. 15, 1995. * Decided Jan. 23, 1996. As Amended Jan. 30, 1996. Before: SCHROEDER, FERGUSON and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 This is an appeal from the denial of a 28 U.S.C. § 2255 motion to correct Appellant Maurice Hernando's sentence. Hernando was originally sentenced to a 76 month term of imprisonment, to be followed by five years supervised release. While in prison, however, Hernando assisted the government in prosecuting a person who was impersonating an FBI agent, and the government requested that his imprisonment sentence be reduced by 6 months. The district court granted the request, but somehow the order was never communicated to the Bureau of Prisons and Hernando served his full sentence. In this appeal, Hernando asks…