United States v. Jerry Allen Thompson

12 F.3d 1110 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jerry Allen THOMPSON, Defendant, Appellant. No. 93-50082. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 1, 1993. Decided Nov. 17, 1993. Before: FLETCHER, NORRIS, and PREGERSON, Circuit Judges. MEMORANDUM * Jerry Allen Thompson was convicted on his plea of guilty to three counts of unauthorized use of access devices in violation of 18 U.S.C. Sec. 1029 (a)(2) (fraudulent use of credit card numbers). Thompson pled guilty pursuant to a plea agreement with the U.S. Attorney. While Thompson awaited sentencing he used a jail telephone to continue his wire fraud activities. Based in part on Thompson's conduct after his conviction, the district court imposed a sentence of 37 months under Sec. 2F1.1 of the United States Sentencing Guidelines. Thompson now appeals the district court's denial of a two-point downward adjustment in sentencing for…