United States of America, Plaintiff-appellant, v. Robert Kersnick, Defendant-appellee, 960 F.2d 153 (9th Cir. 1992)Annotate this Case
Before PREGERSON, D.W. NELSON and DAVID R. THOMPSON, Circuit Judges.
We have jurisdiction over this appeal. See 18 U.S.C. § 3731; Fed. R. App. P. 4(b). The defendant's motion under Rule 35 was timely. Houston v. Lack, 487 U.S. 266, 270 (1988). The district court's factual finding that the government failed to comply with its sentencing order was not clearly erroneous.
The district court's order vacating and setting aside the defendant's sentence is AFFIRMED.