United States v. Paul Brumfield, Jr.

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Paul BRUMFIELD, Jr., Defendant-Appellant. No. 93-10523. United States Court of Appeals, Ninth Circuit. Submitted May 24, 1994. * Decided June 1, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Paul Brumfield Jr. appeals his twenty-seven-month sentence imposed following a guilty plea to forcibly breaking into a post office with the intent to commit a larceny in violation of 18 U.S.C. Sec. 2115 . Brumfield contends that the district court erred by (1) granting a two-level upward adjustment for more than minimal planning and (2) denying an additional one-level reduction for acceptance of responsibility. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review de novo the district court's interpretation and application of the Guidelines, and for clear error the court's underlying factual determinations. United States…