United States v. Conrad Bennett, United States of America v. Conrad Michael Bennett

76 F.3d 389 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Conrad BENNETT, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Conrad Michael BENNETT, Defendant-Appellant. Nos. 95-30184, 95-30233. United States Court of Appeals, Ninth Circuit. Submitted Jan. 23, 1996. * Decided Jan. 26, 1996. Before: ALARCON, HALL and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Conrad Michael Bennett appeals the sentence imposed following his guilty plea to second degree murder. Bennett contends the district court erred by adjusting his offense level upward, pursuant to U.S.S.G. § 3A1.1, because he could not have known that the sleeping victim was vulnerable. Additionally, Bennett argues that the district court lacked jurisdiction and authority to correct its original judgment under Fed.R.Crim.P. 36. We have jurisdiction under 28 U.S.C. § 1291 , and review de novo the district court's interpretation and…