Hernandez-Galvez

United States v. Hernandez-Galvez

Good Law
7 F. App'x 671
United States Court of Appeals for the Ninth CircuitMarch 28, 2001No. 00-50281; D.C. No. CR-99-01056-AHM-1California402 words

Opinion

Lead Opinion

MEMORANDUM

Martin Hernandez-Galvez appeals his 30-month sentence following his guilty-plea conviction for conspiracy, in violation of 18 U.S.C. § 371 , and fraud and misuse of documents, in violation of 18 U.S.C. § 1546 (a). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Hernandez-Galvez contends that the district court erred by denying the additional one-level adjustment for acceptance of responsibility under U.S.S.G. § 3El.l(b)(l) (1998). 3 We review the district court’s denial for clear error. See United States v. Blanco-Gallegos, 188 F.3d 1072, 1076 (9th Cir.1999).

Because the district court granted the two-level adjustment under section 3El.l(a), Hernandez-Galvez was entitled to the additional adjustment if he timely provided complete information to the government concerning his involvement in the offenses. See U.S.S.G. § 3El.l(b)(l); United States v. Corona-Garcia, 210 F.3d 973, 980 (9th Cir.), cert. denied, 531 U.S. 898 , 121 S.Ct. 231 , 148 L.Ed.2d 165 (2000) (concluding that the additional point is mandatory if a defendant makes a complete and timely confession).

Our review of the record demonstrates that the information provided by…

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