United States v. David Kaho

59 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David KAHO, Defendant-Appellant. No. 94-10605. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1995. * Decided June 12, 1995. Before: O'SCANNLAIN, LEAVY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 David Kaho appeals his sentence of 78 months imposed following his guilty plea to conspiracy to distribute and possession with intent to distribute cocaine in violation of 21 U.S.C. Secs. 841 (a) and 846. Kaho contends that the district court erred by refusing to grant an additional one-level reduction for acceptance of responsibility under U.S.S.G. Sec. 3E1.1(b)(2). We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review for clear error the district court's determination of a defendant's entitlement to an acceptance of responsibility reduction. United States v. Kimple, 27 F.3d 1409, 1412 (9th Cir.1994). 4 A defendant is entitled to…