United States v. Donald James Penrod

962 F.2d 15 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Donald James PENROD, Defendant-Appellant. No. 91-30373. United States Court of Appeals, Ninth Circuit. Submitted May 8, 1992. Before HUG, DAVID R. THOMPSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Donald James Penrod appeals from his sentence, imposed following a guilty plea, for knowingly making a false statement to the United States Postal Service in violation of 18 U.S.C. § 1001 . Penrod contends that the district court erred by adjusting his base offense level under the United States Sentencing Guidelines because he represented that he was acting on behalf of a government agency. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 We review de novo the district court's application of the Guidelines. United States v. Hall, 952 F.2d 1170, 1172 (9th Cir.1991). We review for clear error the findings of fact underlying application of the…