United States v. Carl Darnell Springs

983 F.2d 1080 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Carl Darnell SPRINGS, Defendant-Appellant. No. 92-30000. United States Court of Appeals, Ninth Circuit. Submitted Dec. 11, 1992. * Decided Jan. 8, 1993. Before WALLACE, Chief Judge, and SKOPIL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Carl Darnell Springs appeals from his conviction, after a jury trial, of one count of distribution of cocaine base in violation of 21 U.S.C. §§ 841 (a)(1) and 841(b)(1)(A). Springs argues the district court erred: (1) in admitting a tape recording of the crack cocaine transaction; (2) in failing to adjust Springs' base offense level downward based upon his acceptance of responsibility; (3) in finding it had no authority to depart downward based upon sentencing manipulation by the government; and (4) in failing to rule that due process concerns precluded application of mandatory sentencing and guideline provisions. 1. The…