United States v. Kevin Lamar Chiles

28 F.3d 108 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kevin Lamar CHILES, Defendant-Appellant. No. 93-10698. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1994. * Decided June 17, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Kevin Lamar Chiles appeals his 190-month sentence imposed following his guilty pleas to armed bank robbery in violation of 18 U.S.C. Sec. 2113 (a), (d), and using a firearm during a crime of violence in violation of 18 U.S.C. Sec. 924 (c)(1). Chiles contends that the district court improperly enhanced his sentence by five levels pursuant to U.S.S.G. Sec. 2B1(b)(2)(C) for brandishing a firearm because the gun he displayed was not loaded. Chiles also contends that the district court erroneously believed it lacked the discretion to depart downward based upon Chiles's exceptional acceptance of responsibility. We have jurisdiction pursuant to 28…