David F. Klingenhofer v. United States

56 F.3d 71 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David F. KLINGENHOFER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 94-56710. United States Court of Appeals, Ninth Circuit. Submitted May 16, 1995. * Decided May 18, 1995. Before: WALLACE, Chief Judge, HUG and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Federal prisoner David F. Klingenhofer appeals pro se the district court's denial of his motion brought under 28 U.S.C. Sec. 2255 to correct the sentence imposed upon him for receiving stolen property ( 18 U.S.C. Sec. 641 ) and engaging in a monetary transaction in property derived from unlawful activity ( 18 U.S.C. Sec. 1957 ). We affirm. 3 Klingenhofer contends the district court erred by enhancing his offense level by two points under U.S.S.G. Sec. 2S1.2(b)(1)(B) for his knowledge that the funds were the product of unlawful activity because this enhancement constitutes double counting for the same conduct penalized in 18 U.S.C. Sec.…