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U.S. v. ROGERS

No. 96-50035.

119 F.3d 1377 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Kent Borden ROGERS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 14, 1997.

Attorney(s) appearing for the Case

Peter Goldberger, Alan Ellis, Pamela A. Wilk, Law Offices of Alan Ellis, Ardmore, PA, for defendant-appellant.

Leslie A. Swain, Assistant United States Attorney, Los Angeles, CA, for plaintiff-appellee.

Before: FLETCHER and TROTT, Circuit Judges, and JENKINS, District Judge.

JENKINS, Senior District Judge.

OVERVIEW

On October 20, 1994, United States District Judge Dickran M. Tevrizian, Jr. resentenced the defendant, Kent Borden Rogers, to eight years' imprisonment based upon Rogers' guilty plea to two counts of mail fraud. Almost one year after his resentencing, Rogers filed a motion under Fed. R.Crim.P. 35 seeking to have his sentence corrected or vacated because of the district court's alleged failure to rule on his objection...

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