United States v. Lanny W. Buehl

56 F.3d 73 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Lanny W. BUEHL, Defendant-Appellant. No. 94-30378. United States Court of Appeals, Ninth Circuit. Submitted May 2, 1995. * Decided May 5, 1995. Before: WALLACE, Chief Judge, HUG and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Lanny W. Buehl appeals his sentence after pleading guilty to second degree murder in violation of 18 U.S.C. Secs. 1153 , 1111. He contends the district court erred when it refused to reduce his offense level for acceptance of responsibility pursuant to U.S.S.G. Sec. 3E1.1. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we vacate and remand. 3 Ordinarily, a district court's section 3E1.1 determination is entitled to great deference, United States v. Smith, 905 F.2d 1296, 1301 (9th Cir. 1990) (citing U.S.S.G. Sec. 3E1.1, comment. (n.5)), and will not be disturbed unless the court's decision is without foundation, United States v.…