United States of America, Plaintiff-appellee, v. Carlos Rodriguez Gonzalez, Defendant-appellant, 952 F.2d 408 (9th Cir. 1992)

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US Court of Appeals for the Ninth Circuit - 952 F.2d 408 (9th Cir. 1992) Submitted Jan. 7, 1992*Decided Jan. 9, 1992

Before EUGENE A. WRIGHT, WILLIAM A. NORRIS, and CYNTHIA HOLCOMB HALL, Circuit Judges.


MEMORANDUM** 

Although the government may have waived its right to appeal the miscomputed sentencing range on appeal, United States v. Turner, 898 F.2d 705, 711 (9th Cir.), cert. denied, 110 S. Ct. 2574 (1990), the district court did not forfeit its discretion to correct the error at resentencing. See McDaniel v. Arizona, 921 F.2d 966, 967 (9th Cir. 1990) (collateral estoppel inapplicable to resentencing after appeal), cert. denied, 111 S. Ct. 1426 (1991).

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Ninth 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 Ninth Circuit Rule 36-3