UNITED STATES of America, Plaintiff-Appellee, v. Dana Malek THOMPSON, Defendant-Appellant

Good Law
80 F.3d 368·96 Daily Journal DAR 3817·1996 WL 148648·1996 U.S. App. LEXIS 6217·96 Cal. Daily Op. Serv. 2272
United States Court of Appeals for the Ninth CircuitApril 3, 199695-30210California1,331 words

Opinion

Opinion

Fletcher, J.

Dana Thompson appeals the district court’s decision not to reduce her offense level for acceptance of responsibility. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

FACTUAL BACKGROUND AND PROCEEDINGS BELOW

On November 6, 1991, a search of Thompson’s residence in Billings, Montana revealed what authorities believed to be equipment and materials for the manufacture of methamphetamine. On June 20, 1994, an indictment was filed against Thompson and her boyfriend Steve Denton charging Thompson with conspiracy to manufacture methamphetamine (Count I) and maintaining a place for the manufacture of methamphetamine (Count II).

On October 28, 1994, Thompson entered into an agreement to plead guilty to Count II. She agreed to cooperate fully and the parties stipulated that she “did accept responsibility of her criminal conduct and is therefore entitled to a 2 level reduction pursuant to [U.S.S.G.] § 3El.l(a)” and a further one-point reduction for early notification of her guilty plea under § 3El.l(b). On December 1, 1994, the court accepted Thompson’s plea agreement, adjudged her guilty, and scheduled sentencing for February 3, 1995.

A presentence report dated January 4,…

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