Beruflich Dokumente
Kultur Dokumente
JUN 18 1998
PATRICK FISHER
Clerk
No. 97-3382
(D.C. No. 97-CV-3391-JTM)
(D. Kan.)
BILLY F. MARCH,
Defendant-Appellant.
This order and judgment is not binding precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. The court generally disfavors the
citation of orders and judgments; nevertheless, an order and judgment may be cited under
the terms and conditions of 10th Cir. R. 36.3.
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considering the factors set forth in section 3553(a) to the extent that they are
applicable, if such a reduction is consistent with applicable policy
statements issued by the Sentencing Commission.
18 U.S.C. 3582(c)(2).
Amendment 382 to U.S.S.G. 4A1.1 became effective November 1, 1991, and
March was sentenced on September 8, 1992. There is nothing in the record before us to
indicate the sentencing court did not consider Amendment 382, which was in effect ten
months prior to sentencing.
We also decline Marchs request that we invoke jurisdiction pursuant to 28 U.S.C.
1651(a). As we conclude there was no error committed in Marchs sentencing, there is
no basis for concluding a miscarriage of justice occurred in this case.
The district court properly construed Marchs motion under 28 U.S.C. 2255 and
determined the motion was untimely filed. We DENY a certificate of appealability and
DISMISS the appeal. The mandate shall issue forthwith.
Entered for the Court
Mary Beck Briscoe
Circuit Judge
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