Corbett

United States v. Corbett

Good Law
22 F. App'x 796
United States Court of Appeals for the Ninth CircuitNovember 15, 2001No. 01-30145; D.C. No. CR-00-00143-EJLCalifornia238 words

Opinion

Lead Opinion

MEMORANDUM **

Michael Lee Corbett appeals the sentence imposed following his guilty plea to one count of possession with intent to distribute methamphetamine ( 21 U.S.C. § 841 (a)(1)), one count of possession with intent to distribute marijuana ( 21 U.S.C. § 841 (a)(1)), one count of possession of a firearm during and in relation to a drug trafficking crime ( 18 U.S.C. § 924 (c)(1)), two counts of distribution of methamphetamine to a minor ( 21 U.S.C. § 859 ), and two counts of distribution of marijuana to a minor ( 21 U.S.C. § 859 ).

*797 Corbett contends that the district court erred by failing to award him an additional one-level reduction under U.S.S.G. § 3El.l(b) after it awarded him a two-level adjustment for acceptance of responsibility. The government agrees with the defendant that the third level reduction is mandatory because Corbett notified the United States in a timely manner that he intended to plead guilty to the charges in the indictment. U.S.S.G. § 3El.l(b)(2); United States v. Blanco-Gallegos, 188 F.3d 1072, 1077 (9th Cir.1999).

The sentence is vacated and the ease is remanded for the district court to award Corbett the additional one-level reduction for…

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