Nagano

United States v. Nagano

Good Law
10 F. App'x 535
United States Court of Appeals for the Ninth CircuitMay 25, 2001No. 99-15500; D.C. Nos. CV-98-00353-ACK, CR-90-00287-HMFCalifornia472 words

Opinion

Lead Opinion

MEMORANDUM **

Clint Nagano appeals pro se the district court’s denial in part of his 28 U.S.C. § 2255 motion challenging his sentence for two counts of bank burglary and one count of bank larceny pursuant to 18 U.S.C. §§ 2113 (a), 2113(b). We have jurisdiction pursuant to 28 U.S.C. § 2253 , 2255, and we affirm.

Nagano’s claim that Judge Fong prejudged his sentence is not supported by the record, which shows the court held a two-day sentencing hearing where Nagano had ample opportunity to make his case. Moreover, the court ruled in Nagano’s fa *536 vor in awarding him a 2-level reduction for acceptance of responsibility, contrary to the presentencing report’s recommendation, and the prison term imposed remained within the permissible range even under Nagano’s theory. See United States v. Streit, 17 F.3d 306, 307 (9th Cir.1994) (“Nothing in the record ... would support a finding that the trial judge was biased against this defendant.”).

Nagano also appeals (a) the sentencing court’s decision to impose consecutive prison terms for the conviction governed by the U.S. Sentencing Guidelines as well as the two non-Guideline offenses and (b) the imposition of a much longer sentence for…

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