Unpublished Disposition, 894 F.2d 410 (9th Cir. 1990)

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US Court of Appeals for the Ninth Circuit - 894 F.2d 410 (9th Cir. 1990)

UNITED STATES of America, Plaintiff-Appellee,v.Francisco SANCHEZ-VILLALOBOS, Defendant-Appellant.

No. 89-50209.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 10, 1990.* Decided Jan. 19, 1990.

Before GOODWIN, Chief Judge, and FARRIS and NOONAN, Circuit Judges.


MEMORANDUM** 

Defendant's Rule 35(b) motion for modification of his sentence is denied. The district court acted within its discretion in concurring with the recommendation of the probation department and declining to reduce a sentence due to infirmity. See United States v. Thayer, 857 F.2d 1358 (9th Cir. 1988).

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Circuit Rule 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Circuit Rule 36-3