United States v. Anastacio Vasquez-Lopez

47 F.3d 1177 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Anastacio VASQUEZ-LOPEZ, Defendant-Appellant. No. 94-50280. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 9, 1995. Decided Feb. 24, 1995. 1 Before: TROTT, FERNANDEZ, and T.G. NELSON, Circuit Judges 2 MEMORANDUM * 3 Anastacio Vasquez-Lopez appeals his conviction for being a deported alien found within the United States, in violation of 8 U.S.C. Sec. 1326 (b)(2). He also appeals the district court's failure to grant him an additional one-level reduction for acceptance of responsibility pursuant to U.S.S.G. Sec. 3E1.1(b)(1). 1 DISCUSSION A. The Incorrect Testimony 4 Whether inadvertently or not, though probably the former, Diego Granillo, the border patrol agent who arrested Vasquez-Lopez, testified incorrectly when he twice stated that he did not take any photographs of the point along the border fence where Vasquez-Lopez was arrested.…