United States v. Jose De Jesus Martinez-Cano

50 F.3d 17 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose De Jesus MARTINEZ-CANO, Defendant-Appellant. No. 94-10080. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 14, 1995. Decided March 15, 1995. Before: FLETCHER, PREGERSON, and RYMER, Circuit Judges. MEMORANDUM * Jose Martinez-Cano pled guilty to violations of 21 U.S.C. Secs. 846 and 841(a)(1). At sentencing, the district court refused reductions for acceptance of responsibility, U.S.S.G. Sec. 3E1.1, or for minor or minimal participant status, U.S.S.G. Sec. 3B1.2, and enhanced the sentence because a gun was involved in the offense, U.S.S.G. Sec. 2D1.1(b)(1). Martinez-Cano argues that each decision is unsupported by the facts. He further asserts that denial of the Sec. 3E1.1 reduction is impermissible "double counting" because the court based a U.S.S.G. Sec. 3C1.1 obstruction of justice enhancement on the same conduct. 1 We have…