United States v. John Lee Phillips

8 F.3d 32 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John Lee PHILLIPS, Defendant-Appellant. No. 93-30050. 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 John Lee Phillips appeals his sentence imposed under the Sentencing Guidelines, following his guilty plea to assault resulting in serious bodily injury. He contends that the district court erred by (1) refusing to grant a downward adjustment of his offense level for acceptance of responsibility and (2) finding that the victim was "vulnerable." We reject his contentions and affirm. 1. Acceptance of Responsibility 3 The Sentencing Guidelines provide for a two-level reduction if the defendant clearly demonstrates acceptance of responsibility for the offense. U.S.S.G. § 3E1.1(a) (1992). A defendant who pleads guilty does not automatically receive…