United States v. Kevin D. Westwood

36 F.3d 1104 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kevin D. WESTWOOD, Defendant-Appellant. No. 94-35189. United States Court of Appeals, Ninth Circuit. Submitted Sept. 14, 1994. * Decided Sept. 19, 1994. Before: BROWNING, WRIGHT, and CANBY, Circuit Judges. 1 MEMORANDUM ** 2 Kevin Westwood appeals the denial of his Sec. 2255 petition to reduce his sentence for trying to buy two kilos of cocaine from undercover officers in a reverse sting. We affirm. 1 3 Westwood was a would-be drug dealer living in Canada. He negotiated over the phone with undercover officers in the United States to purchase two kilos of cocaine for $41,000 in U.S. dollars. He was arrested upon entering the United States when he did not declare the $39,000 Canadian (approximately $35,000 U.S.) that he was carrying. 4 Judge Zilly did not clearly err when he found that Westwood intended to buy two kilos. United States v. Wilson, 900 F.2d 1350, 1355…