United States v. Ted Kuan

17 F.3d 397 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ted KUAN, Defendant-Appellant. No. 93-50314. United States Court of Appeals, Ninth Circuit. Submitted Feb. 7, 1994. * Decided Feb. 14, 1994. Before: SCHROEDER, CANBY and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Ted Kuan appeals his 199-month sentence imposed following entry of a guilty plea to possession with intent to distribute, and conspiracy to attempt to possess with intent to distribute cocaine in violation of 21 U.S.C. Secs. 841 (a)(1), 846. Kuan contends the district court erred by (1) improperly considering quantities of cocaine which he had neither the intent nor ability to purchase when calculating his base offense level and (2) denying him a downward adjustment for acceptance of responsibility. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 1. Drug Quantity 3 Kuan contends he proved at sentencing that he had neither the intent nor the…