United States v. Custodio Guizar Cardenas

Good Law
19 F.3d 30·1994 WL 56965·1994 U.S. App. LEXIS 12153
United States Court of Appeals for the Ninth CircuitFebruary 25, 199493-30174California404 words

Opinion

Opinion

19 F.3d 30 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Custodio Guizar CARDENAS, Defendant-Appellant. No. 93-30174. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1994. * Decided Feb. 25, 1994. Before: SCHROEDER, CANBY and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Custodio Guizar Cardenas appeals his 70-month sentence imposed following his jury trial for distribution of cocaine in violation of 21 U.S.C. Sec. 841 (a)(1). For the first time on appeal, Cardenas contends the district court erred by failing to reduce his offense level by one additional level for acceptance of responsibility pursuant to U.S.S.G. Sec. 3E1.1(b). We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 A criminal defendant waives his right to challenge an adjustment to his offense level if he fails to raise the issue at sentencing. See United States v. Parker, 991 F.2d 1493, 1501 (9th Cir.) (failure to request reduction…

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