United States v. Giovanni Fontes Scolari

35 F.3d 573 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Giovanni Fontes SCOLARI, Defendant-Appellant. No. 93-50627. United States Court of Appeals, Ninth Circuit. Submitted Aug. 23, 1994. * Decided Aug. 30, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Giovanni Fontes Scolari appeals his 151-month sentence imposed following a guilty plea to possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841 (a)(1). Scolari contends the district court erred by refusing to grant an additional one-level reduction for acceptance of responsibility under U.S.S.G. Sec. 3E1.1(b). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 . We vacate Scolari's sentence and remand for resentencing. 3 We review for clear error the district court's factual determination that a defendant is not entitled to an additional one-level reduction under section 3E1.1(b). United States v. Hopper,…