Fitch

United States v. Fitch

Good Law
27 F. App'x 888
United States Court of Appeals for the Ninth CircuitDecember 14, 2001No. 00-10580; D.C. No. CR-00-00050-KJD(RJJ)California1,526 words

Opinion

Lead Opinion

MEMORANDUM **

David Kent Fitch appeals his sentencing following his guilty plea to possession of false identification documents with intent to defraud the United States ( 18 U.S.C. § 1028 (a)(4)), use of a false passport ( 18 U.S.C. § 1542 ), and unlawful possession of a firearm and ammunition by a felon ( 18 U.S.C. § 922 (g)(1)). We have jurisdiction pursuant to 28 U.S.C. §§ 1291 , 3742 and *890 we affirm. Because the parties are familiar with the factual and procedural history of this case, we do not recount it here except as necessary to explain our decision.

We review a district court’s evaluation of the reliability of evidence used for sentencing purposes for an abuse of discretion. United States v. Shetty, 130 F.3d 1324, 1331 (9th Cir.1997). Likewise, what evidence a district court will consider in sentencing is also subject to an abuse of discretion review. United States v. Ramos-Oseguera, 120 F.3d 1028, 1039 (9th Cir. 1997); United States v. Ayers, 924 F.2d 1468, 1481 (9th Cir.1991). Whether a defendant is entitled to an acceptance of responsibility reduction is a factual determination subject to a clearly erroneous standard of review. United States v. Felix, 87 F.3d…

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