United States v. Edwin Morales

66 F.3d 336 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Edwin MORALES, Defendant-Appellant. No. 94-50226. United States Court of Appeals, Ninth Circuit. Submitted July 20, 1995. * Decided Sept. 6, 1995. Before: CHOY, SKOPIL, FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Edwin Morales appeals his sentence imposed on remand following his prior appeal. See United States v. Morales, 972 F.2d 1007 (9th Cir.1992), cert. denied, 113 S.Ct. 1665 (1993). He contends that the district court erred by rejecting his request for a finding of acceptance of responsibility. We agree with the district court that Morales' request was beyond the scope of our remand. We remanded solely to allow the district court to consider whether to depart on the ground the Morales' offense was a single act of aberrant behavior. Id. at 1010-11. We specifically rejected Morales' argument that the district court erred by not finding that Morales had accepted…