United States v. Pablo Dominguez-Alvarado

60 F.3d 835 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Pablo DOMINGUEZ-ALVARADO, Defendant-Appellant. No. 94-50570. United States Court of Appeals, Ninth Circuit. Submitted June 26, 1995. * Decided July 3, 1995. Before: O'SCANNLAIN, LEAVY and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Pablo Dominguez-Alvarado appeals the 70-month sentence imposed following his guilty pleas to conspiracy to distribute and possession with intent to distribute heroin in violation of 21 U.S.C. Secs. 841 (a) and 846. Dominguez-Alvarado contends the district court erred by refusing to grant an additional one-level reduction for acceptance of responsibility pursuant to U.S.S.G. Sec. 3E1.1(b)(2). We have jurisdiction under 28 U.S.C. Sec. 1291 . We vacate and remand. 3 We review de novo the district court's application of the Sentencing Guidelines. United States v. Kimple, 27 F.3d 1409, 1412 (9th Cir. 1994). Whether a defendant is entitled to a…