United States v. Antonio McKinney

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Antonio MCKINNEY, Defendant-Appellant. No. 92-50619. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 8, 1993. Decided Jan. 28, 1994. 1 Before: REINHARDT, and T.G. NELSON, Circuit Judges, and KAUFMAN, * District Judge. 2 MEMORANDUM ** 3 Following a jury trial, Antonio McKinney was convicted of conspiracy, 18 U.S.C. Sec. 371 ; armed robbery, 18 U.S.C. Sec. 2113 (a) & (d); and using a firearm during a crime of violence, 18 U.S.C. Sec. 924 (c)(1). He was sentenced to 106 months imprisonment. On appeal, McKinney challenges both his conviction and his sentence. In a published opinion filed with this memorandum, we vacate McKinney's sentence and remand for the district court to award him a two-level reduction in his base offense level for acceptance of responsibility. In this memorandum, we reject McKinney's challenges to his conviction. The…