United States v. Kenneth John Holthaus

96 F.3d 1451 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kenneth John HOLTHAUS, Defendant-Appellant. No. 94-50587. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1996. * Decided Aug. 29, 1996. Before: NOONAN, LEAVY, and TASHIMA, Circuit Judges. 1 MEMORANDUM ** 2 Kenneth John Holthaus, a federal prisoner, appeals the district court's denial of his second Fed.R.Crim.P. 35(b) motion. Because we conclude that the district court lacked jurisdiction to consider this motion, we remand with instructions to dismiss for lack of jurisdiction. 3 On May 26, 1992, the district court revoked Holthaus's probation and ordered execution of his suspended sentence. In 1992, the district court denied Holthaus's first Rule 35 motion. After this court affirmed the district court's denial of Holthaus's first Rule 35 motion, United States v. Holthaus, No. 92-50645 (9th Cir. Sept. 16, 1993), Holthaus petitioned for certiorari.…