United States of America, Plaintiff-appellee, v. Pedro Cazares, Defendant-appellant, 145 F.3d 1341 (9th Cir. 1998)

MEMORANDUM¹ 

Defendant Pedro Cazares appeals the district court's order imposing a thirty-three month federal sentence to run consecutively to a sentence imposed on Cazares by the State of Illinois. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

To the extent that Cazares is appealing the judgment imposing the sentence on February 24, 1994, his appeal is time-barred, and we have no jurisdiction to consider it. United States v. Green, 89 F.3d 657, 660 (9th Cir. 1996). The district court properly denied Cazares' "Petition for Clarification." Although the court's judgment and findings of fact did not address whether the sentences were to run consecutively or concurrently, the statutory default provides for sentences imposed at different times to run consecutively unless the court orders otherwise. 18 U.S.C. § 3584(a). Thus, the district court properly construed its early order as providing for consecutive sentences.

AFFIRMED