United States v. Thomas Raymond Magee, III

86 F.3d 1164 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Thomas Raymond MAGEE, III, Defendant-Appellant. No. 95-16657. United States Court of Appeals, Ninth Circuit. Submitted May 20, 1996. * Decided May 29, 1996. Before: BROWNING, REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Thomas Raymond Magee, III appeals the district court's denial of his second 28 U.S.C. § 2255 motion to correct his sentence of fifty-one months imprisonment and three years supervised release for assaulting his wife. 1 Magee contends that: (1) the district court abused its discretion by failing to remove false statements from the presentence report ("PSR"); (2) the district court erred in its determination of the severity of the victim's injuries and in sentencing Magee based on that determination; (3) the district court imposed excessive restitution; (4) the district court imposed an excessive term of supervised release; and (5)…