UNITED STATES of America, Plaintiff-Appellee, v. Kent Borden ROGERS, Defendant-Appellant
Court of Appeals for the Ninth Circuit
1Opinion of the Court
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 to the presentence report as required by Fed.R.Crim.P. 32(c)(3)(D). At the same time, Rogers filed a motion for the disqualification of…
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