United States v. Dary Ray Adway

46 F.3d 1146 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Dary Ray ADWAY, Defendant-Appellant. No. 94-50248. United States Court of Appeals, Ninth Circuit. Submitted: Jan. 25, 1995. * Decided: Jan. 30, 1995. Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Dary Ray Adway appeals his one hundred thirty-one month sentence imposed following the entry of a guilty plea to armed bank robbery in violation of 18 U.S.C. Sec. 2113 (a) and (d), and possession of a firearm in connection with a crime of violence in violation of 18 U.S.C. Sec. 924 (c) and (d). Adway contends that the district court: (1) improperly adjusted his offense level based on his co-participant's physical restraint of a bank guard; and (2) erred in refusing to grant Adway a role reduction pursuant to U.S.S.G. Sec. 3B1.2. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 Adway contends that the district court erred in…