United States v. Levert Leneal Spence

985 F.2d 576 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Levert Leneal SPENCE, Defendant-Appellant. No. 92-50385. United States Court of Appeals, Ninth Circuit. Submitted Jan. 27, 1993. * Decided Feb. 2, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Levert Leneal Spence appeals his 70-month sentence imposed after his guilty pleas to being a felon in possession of a firearm and bank robbery in violation of 18 U.S.C. §§ 922 (g), 2113(a). Spence contends that the district court erred by failing to make explicit factual findings pursuant to Fed.R.Crim.P. 32(c)(3)(D) regarding his challenge to the accuracy of the presentence report (PSR). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review de novo the legality of a sentence, United States v. Hahn, 960 F.2d 903, 907 (9th Cir.1992), while we review for clear error the district court's underlying…