Berry

MEMORANDUM

Appellant Berry appeals the sentence imposed following his guilty plea to possession of 27 kilograms of cocaine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). Appellant claims that the district court erred in denying him a downward adjustment for acceptance of responsibility and in refusing to depart downward. We affirm the judgment of the district court.

I.

Appellant asserts that the district court committed various legal errors in denying him a downward adjustment for acceptance of responsibility under U.S.S.G. § 3E1.1.

First, Appellant claims that the district court committed a legal error by failing to accommodate the Sentencing Guidelines’ concern with proportionality in sentencing because Appellant’s sentence might exceed that of a hypothetical similarly-situated defendant. However, “a disparity in sentencing among co-defendants is not, by itself, a sufficient ground for attacking an otherwise proper sentence under the guidelines.” United States v. Hoy, 932 F.2d 1343, 1345 (9th Cir.1991). Therefore, no error was committed.

Second, Appellant asserts that the district court committed a legal error by considering a conspiracy charge against…