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U.S. v. BERGMANN

No. 87-3064.

836 F.2d 1220 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Ralph BERGMANN, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 12, 1988.

Attorney(s) appearing for the Case

Stephen Cooper, Asst. U.S. Atty., Fairbanks, Alaska, for plaintiff-appellee.

Nancy Shaw, Asst. Federal Public Defender, Anchorage, Alaska, for defendant-appellant.

Before WRIGHT, ALARCON and POOLE, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Bergmann appeals from denial of his motion under Fed.R.Crim.P. 36,1 by which he sought to reduce his sentence. He requests, by way of relief, that we remand for reconsideration and for an evidentiary hearing with opportunity for cross-examination.

In an Order dated May 14, 1984 Judge Fitzgerald committed Richard Bergmann to federal custody for a total of six years' imprisonment (five concurrent...

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