United States v. Paul Masaru Ono

87 F.3d 1324 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Paul Masaru ONO, Defendant-Appellant. No. 95-50099. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 19, 1996. Before: CANBY, NOONAN, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner Paul Masuru Ono appeals pro se the district court's denial of his motion under 18 U.S.C. § 3582 (c)(2) to modify his term of imprisonment. Ono contends that his appeal should not be dismissed because excusable neglect justified the late filing of the notice of appeal. See Fed.R.App.P. 4(b). We review for abuse of discretion the district court's determination that Ono failed to show excusable neglect. United States v. Prairie Pharmacy, Inc., 921 F.2d 211, 212 (9th Cir.1990). We dismiss for lack of jurisdiction. 3 We previously remanded this case to the district court to permit that court to determine if excusable neglect existed…