United States v. Darwin Kaneaiakala

46 F.3d 1147 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Darwin KANEAIAKALA, Defendant-Appellant. No. 92-10523. United States Court of Appeals, Ninth Circuit. Submitted Dec. 12, 1994. * Decided Jan. 20, 1995. Before: WALLACE, Chief Judge, PREGERSON and BEEZER, Circuit Judges. MEMORANDUM Kaneaiakala appeals from the 240-month sentence imposed following his conviction for distributing crystal methamphetamine in violation of 21 U.S.C. Sec. 841 (a)(1). Kaneaiakala contends that the district court erred by: (1) making an upward adjustment for obstruction of justice pursuant to U.S.S.G. Sec. 3C1.1; (2) denying a downward adjustment for acceptance of responsibility pursuant to U.S.S.G. Sec. 3E1.1; and (3) departing upward based on the inadequacy of Kaneaiakala's criminal history category pursuant to U.S.S.G. Sec. 4A1.3(e). The district court had jurisdiction pursuant to 18 U.S.C. Sec. 3231 . We have jurisdiction over this…