United States v. Joseph A. Elenteny

32 F.3d 572 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Joseph A. ELENTENY, Defendant-Appellant. No. 93-10662. United States Court of Appeals, Ninth Circuit. Submitted Aug. 3, 1994. * Decided Aug. 15, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Joseph A. Elenteny appeals his sentence of 41 months imposed after he pleaded guilty to aiding and abetting the possession of a destructive device in violation of 18 U.S.C. Sec. 2 and 26 U.S.C. Sec. 5861 (d). Elenteny contends that the district court improperly considered the unreliable hearsay evidence of his co-defendant when calculating his sentence. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 We review for abuse of discretion the district court's evaluation of the reliability of evidence used during sentencing. United States v. Petty, 982 F.2d 1365, 1369 (9th Cir.), amended, 992 F.2d 1015 (9th Cir.1993), cert. denied,…