United States v. Russell Merritt

29 F.3d 636 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Russell MERRITT, Defendant-Appellant. No. 94-10039. United States Court of Appeals, Ninth Circuit. Submitted July 18, 1994. * Decided July 21, 1994. Before: FARRIS, KOZINSKI, and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Russell Merritt appeals his sentence of five years' probation imposed following entry of a guilty plea to misdemeanor bank larceny in violation of 18 U.S.C. Sec. 2113 (b). Merritt contends that the district court erred by denying a downward adjustment for acceptance of responsibility. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 We review for clear error the district court's finding that a defendant has not accepted responsibility for his offense. United States v. Lindholm, No. 92-50737, slip op. 4607, 4623 (9th Cir. May 5, 1994). 4 The Sentencing Guidelines provide for a two-level downward adjustment in the offense level if a…