U.S. v. SMITH

No. 91-30049.

964 F.2d 885 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry D. SMITH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Opinion Filed April 16, 1992.

Opinion Withdrawn May 4, 1992.

Decided May 4, 1992.


Attorney(s) appearing for the Case

David S. Marshall, Prince, Kelley, Marshall & Bassingthwaighte, Seattle, Wash., for defendant-appellant.

John C. Carver, Asst. U.S. Atty., Seattle, Wash., for plaintiff-appellee.

Before: WRIGHT and ALARCON, Circuit Judges, and FONG, District Judge.


ORDER

The opinion filed on April 16, 1992 is hereby withdrawn.

OPINION

FONG, District Judge:

Defendant/Appellant Jerry D. Smith ("Smith") appeals from the district court's order denying his motion for reduction of sentence under the pre-November 1987 version of Rule 35 of the Federal Rules of Criminal Procedure. Smith's underlying convictions involved conspiracy to defraud the United States and its agency, the Federal Home Loan Bank Board...

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