United States v. Enrique Romero Zarate

981 F.2d 1261 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Enrique Romero ZARATE, Defendant-Appellant. No. 92-30026. United States Court of Appeals, Ninth Circuit. Submitted Dec. 11, 1992. * Decided Dec. 17, 1992. Before WALLACE, Chief Judge, and SKOPIL and Leavy, Circuit Judges. 1 MEMORANDUM ** 2 Enrique Romero Zarate pleaded guilty to three counts of distribution of cocaine, 18 U.S.C. § 841 (a)(1) (1988). He appeals his sentence, contending that the district court erred by (1) considering relevant conduct not proved by a preponderance of the evidence; and (2) denying him a reduction for acceptance of responsibility. He alternatively contends that he received ineffective assistance of counsel at sentencing. We affirm the sentence and decline to reach his claim of ineffective counsel. DISCUSSION 1. Relevant Conduct 3 Sentencing Guideline § 1B1.3(a)(2) directs the sentencing court to calculate the base offense…