UNITED STATES v. OTTE

No. 83-1965.

729 F.2d 1207 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Craig OTTE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 2, 1984.


Attorney(s) appearing for the Case

Edward Kane, Asst. U.S. Atty., Las Vegas, Nev., for plaintiff-appellee.

Howard E. Beckler, Hollywood, Cal., for defendant-appellant.

Before TRASK, SNEED, and ANDERSON, Circuit Judges.


SNEED, Circuit Judge:

Appellant seeks to correct his sentences by a motion pursuant to 28 U.S.C. § 2255. He contends that his sentences should have been concurrent rather than consecutive. The basis for this contention is that the plea agreement contained a concurrent sentence recommendation which the sentencing court rejected without admonishing the appellant, as required by Rule 11(e)(2), Fed.R.Crim.P. Consecutive sentences were imposed although the balance...

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