United States v. Harry Sherbondy, Jr.

97 F.3d 1463 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Harry SHERBONDY, Jr., Defendant-Appellant. No. 95-50462. United States Court of Appeals, Ninth Circuit. Submitted Sept. 23, 1996. * Decided Sept. 25, 1996. Before: FLETCHER, NOONAN, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Harry Sherbondy, Jr. appeals the district court's denial of his post-judgment motion to correct errors in the pre-sentence report pursuant to Fed.R.Crim.P. 32(c)(3)(D). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court's decision that it lacked jurisdiction. United States v. Ortega-Lopez, 988 F.2d 70, 72 (9th Cir.1993). We vacate and remand for findings consistent with this memorandum disposition. 3 Sherbondy contends that the district court had jurisdiction to grant his post-judgment motion to correct errors in the pre-sentence report because his motion involved the correction of ministerial errors…