United States v. Kevin Delmont Foster

967 F.2d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kevin Delmont FOSTER, Defendant/Appellant. No. 91-10186. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1992. * Decided June 15, 1992. Before JAMES R. BROWNING, ALDISERT ** and PREGERSON, Circuit Judges. MEMORANDUM *** Kevin Delmont Foster appeals from the sentence entered upon his conviction for unarmed bank robbery and for attempted unarmed bank robbery. He argues that the district court committed clear error by enhancing his base offense level under the Sentencing Guidelines by two points for obstruction of justice and by failing to reduce his base offense level by two points for acceptance of responsibility. 1 We conclude that the district court's factual determinations that Foster had obstructed justice by giving perjurious trial testimony and had failed to accept responsibility for his crimes were not clearly erroneous. Accordingly, we…