United States v. Allen J. James

15 F.3d 1092 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Allen J. JAMES, Defendant-Appellant. No. 93-55656. United States Court of Appeals, Ninth Circuit. Submitted Jan. 4, 1994. * Decided Jan. 11, 1994. Before: REINHARDT, O'SCANNLAIN and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Allen J. James appeals pro se the district court's denial of his 18 U.S.C. Sec. 3582 (c) motion for modification his sentence because of a favorable post-sentencing amendment to the United States Sentencing Guidelines. 1 James argues the district court erred by refusing to apply retroactively a November 1, 1992 amendment to U.S.S.G. Sec. 3E1.1 which provided for an additional one-level reduction in a defendant's offense level for particularly timely or complete acceptance of responsibility provided certain conditions were met. James' argument on appeal is foreclosed by our recent decision in United States v. Aldana-Ortiz, 6 F.3d 601, 603 (9th…