United States v. James Garfield Roane

33 F.3d 60 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. James Garfield ROANE, Defendant-Appellant. No. 93-50739. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 25, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 James Garfield Roane appeals his 95-month sentence imposed following a bench trial for armed bank robbery in violation of 18 U.S.C. Sec. 2113 (a) & (d). Roane contends the district court erred by granting him only a two-level, and not a three-level reduction for acceptance of responsibility in his United States Sentencing Guidelines offense level. We have jurisdiction under 21 U.S.C. Sec. 1291 and affirm. 3 As a preliminary matter, the government argues that Roane waived his right to challenge the district court's denial of the extra one-level adjustment by failing to request such an adjustment before the district court. We agree with…