United States v. John R. Caposieno

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. John R. CAPOSIENO, Defendant-Appellant. No. 94-10371. United States Court of Appeals, Ninth Circuit. Submitted: Jan. 25, 1995. * Decided: Jan. 21, 1995. Before: WALLACE, Chief Judge, HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 John R. Caposieno appeals his sentence under the Sentencing Guidelines imposed following his conviction for mail fraud and interstate transportation of property obtained by fraud. Caposieno contends that the district court erred by enhancing his offense level two levels pursuant to U.S.S.G. Sec. 3B1.3 for abuse of trust and use of a special skill in commission of the crime, and by failing to allow Caposieno a sentence reduction for acceptance of responsibility. We have jurisdiction under 18 U.S.C. Sec. 3742 (a). Our review is de novo, United States v. Hill, 915 F.2d 502, 506 (9th Cir. 1990), and we affirm. 3 Guidelines Section 3B1.3…