United States v. Ceballo, No. 09-50502 (9th Cir. 2011)
Annotate this CaseDefendant pleaded guilty to one count of conspiracy to distribute methamphetamine and requested that the district court recommend a southern California housing designation to the Bureau of Prisons. At the sentencing hearing, neither the district court nor counsel addressed this request. Defendant and the government subsequently filed a joint stipulation asking the court to revise the Judgment and Commitment Order to include the designation recommendation. The district court denied the request. Defendant appealed, asserting jurisdiction under 28 U.S.C. 1291 and/or 18 U.S.C. 3742. The court held that because it lacked jurisdiction to review a district court's non-binding housing recommendation, the appeal was dismissed.
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