United States v. Lewis Manuel Boles

26 F.3d 133 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lewis Manuel BOLES Defendant-Appellant. No. 93-10581. United States Court of Appeals, Ninth Circuit. Submitted May 16, 1994. * Decided May 26, 1994. Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Lewis Manuel Boles appeals his sentence imposed by the district court following his guilty plea to mail theft in violation of 18 U.S.C. Sec. 1708 . Lewis contends that he was entitled to a two-level downward departure for acceptance of responsibility, and that his sentence should not have been adjusted upward for engaging in a criminal livelihood. We affirm. 3 The Sentencing Guidelines mandate a two-level reduction in the offense level if the defendant "clearly demonstrates acceptance of responsibility for his offense." U.S.S.G. Sec. 3E1.1(a) (1992). Whether a defendant has accepted responsibility is a factual determination which is reviewed for clear…