United States v. Milton Clyde Johnson

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Milton Clyde JOHNSON, Defendant-Appellant. No. 92-50704. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 30, 1993. Decided Sept. 30, 1993. Before: BRUNETTI, KOZINSKI, and BOGGS, * Circuit Judges MEMORANDUM ** Milton Clyde Johnson pled guilty to conspiracy to commit bank robbery, in violation of 18 U.S.C. § 2113 (a), and to use of a firearm during a crime of violence, in violation of 18 U.S.C. §§ 924 (c) and 924(d). He appeals his sentence under the Sentencing Guidelines. We reverse and remand. I. Johnson claims that the district court erred by failing to grant a three-level decrease in the offense level for acceptance of responsibility under § 3E1.1 of the Sentencing Guidelines. The district court granted a two-level reduction under § 3E1.1(a), but declined to grant an additional level under § 3E1.1(b). An…