United States v. Kenneth Keith Falvey

83 F.3d 429 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Kenneth Keith FALVEY, Defendant-Appellant. No. 95-50451. United States Court of Appeals, Ninth Circuit. Submitted April 10, 1996. * Decided April 12, 1996. Before: HALL, THOMPSON, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Kenneth Keith Falvey appeals his six-month sentence imposed following the entry of a guilty plea to possession of a counterfeit postal key, in violation of 18 U.S.C. § 1704 . Falvey contends that the district court erred by failing to grant a two-level reduction for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1. We have jurisdiction under 28 U.S.C. § 1291 , and affirm. 3 Whether a defendant has accepted responsibility for his crime is a factual determination reviewed for clear error. United States v. Acuna, 9 F.3d 1442, 1446 (9th Cir.1993). Significant evidence of acceptance of responsibility "may be outweighed by…