United States v. Francisco Rios Gallardo

8 F.3d 31 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Francisco Rios GALLARDO, Defendant-Appellant. No. 93-50080. United States Court of Appeals, Ninth Circuit. Submitted Sept. 3, 1993. * Decided Sept. 17, 1993. Before: BROWNING, SCHROEDER, and HALL, Circuit Judges: 1 MEMORANDUM ** 2 Francisco Rios Gallardo appeals his sentence imposed under the Sentencing Guidelines, following his guilty plea to possession of marijuana with intent to distribute. Although he received a two-level reduction in his offense level for acceptance of responsibility under U.S.S.G. § 3E1.1(a), he contends that the district court erred by denying him an additional one-level reduction under section 3E1.1(b). We reject his contention and affirm. 3 Gallardo was originally sentenced in 1991. After a previous appeal, his case was remanded and he was resentenced in December 1992. Effective November 1, 1992, section 3E1.1 was amended to permit an…