United States of America, Plaintiff-appellee, v. Donald Marutz, Defendant-appellant, 134 F.3d 380 (9th Cir. 1998)

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U.S. Court of Appeals for the Ninth Circuit - 134 F.3d 380 (9th Cir. 1998)

Submitted Jan. 13, 1998*Decided Jan. 21, 1998


Before WALLACE and THOMPSON, Circuit Judges, and REA,**  District Judge.

ORDER

In our prior disposition, we held that "there was no error in the calculation of Marutz's sentence." Marutz was not allowed his right to allocution. We vacated the sentence, and remanded for him to be allowed this right to determine whether, after hearing from Marutz, the district court would exercise discretion to depart downward.

The district court granted the right of allocution to Marutz, chose not to depart downward, and that determination was not challenged by Marutz on this appeal. As this was the only issue for which there was a vacation and remand, we now affirm the imposition of the sentence.

AFFIRMED.

 *

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

 **

Honorable William J. Rea, United States District Judge, Central District of California, sitting by designation