United States v. William D. Davis

56 F.3d 74 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. William D. DAVIS, Defendant-Appellant. No. 94-10386. United States Court of Appeals, Ninth Circuit. Submitted May 16, 1995. * Decided May 19, 1995. Before: WALLACE, Chief Judge, HUG and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 William D. Davis appeals his sentence of 151 months imposed after we remanded his case for resentencing. Davis was convicted, following a jury trial, for conspiracy to distribute and distribution of cocaine base in violation of 21 U.S.C. Secs. 841 (a)(1), 846. Davis contends that the district court erred by refusing to depart downward based on a variety of factors and denying a three-level downward adjustment for acceptance of responsibility under U.S.S.G. Sec. 3E1.1. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. A. Scope of the Resentencing Proceeding 3 The government argues that Davis is precluded from raising new…