United States v. Ricky Lee Smith

48 F.3d 1229 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Ricky Lee SMITH, Defendant-Appellant. No. 94-10416. United States Court of Appeals, Ninth Circuit. Submitted Feb. 21, 1995. * Decided Feb. 28, 1995. Before: SCHROEDER, CANBY, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Ricky Lee Smith appeals his one-month sentence imposed following the entry of a guilty plea to submitting false claims to the Railroad Retirement Board in violation of 45 U.S.C. Sec. 359 (a). Smith contends that the district court erred in adjusting his offense level upwards for more than minimal planning pursuant to U.S.S.G. Sec. 2F1.1(b)(2)(A). We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 We review the district court's determination that a defendant has engaged in more than minimal planning for clear error. United States v. Lindholm, 24 F.3d 1078, 1086 (9th Cir.1994). " 'More than minimal planning' is deemed present in any case…