U.S. v. EATINGER

No. 89-10291.

902 F.2d 1383 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Joel A. EATINGER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 25, 1990.


Attorney(s) appearing for the Case

Joel A. Eatinger, Lompoc, Cal., pro se.

R. Michael Burke, Asst. U.S. Atty., Honolulu, Hawaii, for plaintiff-appellee.

Before FARRIS, PREGERSON and RYMER, Circuit Judges.


PER CURIAM:

Eatinger challenges the district court's denial of his motion requesting a reconsideration of his sentence pursuant to Fed.R.Crim.P. 35(b). We reverse and remand.

I

On October 28, 1988, Eatinger pleaded guilty to one count of distributing heroin on or about April 20, 1988. The Sentencing Guidelines ("the Guidelines") apply to offenses committed after November 1, 1987. However, on August 23, 1988, the Ninth Circuit declared the Guidelines...

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