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