United States v. Jeffery Alan Myrick

972 F.2d 1346 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jeffery Alan MYRICK, Defendant-Appellant. No. 91-50320. United States Court of Appeals, Ninth Circuit. Submitted May 5, 1992. * Decided Aug. 24, 1992. Before TANG, SCHROEDER and BEEZER, Circuit Judges. 1 MEMORANDUM ** 2 Jeffery Alan Myrick appeals his sentence under the United States Sentencing Guidelines following his conviction by guilty plea on one count of conspiracy against rights in violation of 18 U.S.C. § 241 . Myrick contends the district court erred in calculating his offense level under Guideline § 2H1.2 (Nov. 1, 1989), and that the court clearly erred in denying him an adjustment in offense level based on acceptance of responsibility. We affirm. 3 * Guideline § 2H1.2(a) provides that in determining the base offense level for a violation of 18 U.S.C. § 241 , the sentencing court is to "[a]pply the greater" level as between level 13…