United States v. Daniel Robert Kearney

24 F.3d 250 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Daniel Robert KEARNEY, Defendant-Appellant. No. 93-30301. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1994. * Decided April 28, 1994. Before: POOLE, BEEZER and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Daniel Robert Kearney appeals his 46-month sentence imposed following his guilty plea to knowing possession of an unregistered firearm in violation of 26 U.S.C. Sec. 5861 (d). Kearney contends the district court erred by failing to grant a two-level downward adjustment for being a minor participant pursuant to U.S.S.G. Sec. 3B1.2. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we vacate and remand. 3 We review de novo a district court's interpretation of the Guidelines. United States v. Zweber, 913 F.2d 705, 708 (9th Cir.1990). We review for clear error a district court's factual determination that a defendant is not a minor…