United States v. Luis Ceballos-Villalobos

29 F.3d 635 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Luis CEBALLOS-VILLALOBOS, Defendant-Appellant. No. 91-50700. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1994. * Decided June 16, 1994. Before: TANG, PREGERSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Luis Ceballos-Villalobos appeals his 121-month sentence following his guilty plea to possession with intent to distribute heroin in violation of 21 U.S.C. Sec. 841 (a)(1). Ceballos-Villalobos contends that the district court erred by (1) denying his request for a two-level reduction for acceptance of responsibility, and (2) by refusing to depart downward because his criminal history category of III overrepresented the seriousness of his criminal history. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 Here, the sentencing transcript reveals that the district court calculated Ceballos-Villalobos's base offense…