United States v. Kevin Lucky

57 F.3d 1078 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kevin LUCKY, Defendant-Appellant. No. 94-30158. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 8, 1995. Decided May 25, 1995. Before: PREGERSON, KOZINSKI, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Kevin Lucky appeals from his sentence following entry of a guilty plea to one count of running a drug establishment in violation of 21 U.S.C. Sec. 856 (a), arguing that the district court committed reversible error by denying his request for an evidentiary hearing and refusing to reduce his offense level for acceptance of responsibility. We vacate and remand for resentencing. 3 * Pursuant to the terms of his plea agreement, Lucky was to be sentenced on a charge of having made a room available for the purpose of storing, distributing, or using narcotics. However, the district court found Lucky guilty of having assisted in the commission of the…