960 F. 2d 153 - United States v. Kersnick
960 F2d 153 United States v. Kersnick
960 F.2d 153
UNITED STATES of America, Plaintiff-Appellant,
v.
Robert KERSNICK, Defendant-Appellee.
No. 89-50441.
United States Court of Appeals, Ninth Circuit.
Submitted April 7, 1992.*
Decided April 21, 1992.
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Before PREGERSON, D.W. NELSON and DAVID R. THOMPSON, Circuit Judges.
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MEMORANDUM**
We have jurisdiction over this appeal. See 18 U.S.C. § 3731; Fed.R.App.P. 4(b). The defendant's motion under Rule 35 was timely. Houston v. Lack, 487 U.S. 266, 270 (1988). The district court's factual finding that the government failed to comply with its sentencing order was not clearly erroneous.
The district court's order vacating and setting aside the defendant's sentence is AFFIRMED.