United States v. Orlando Pineda-Hernandez

89 F.3d 847 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. ORLANDO PINEDA-HERNANDEZ, Defendant-Appellant. No. 95-50324. United States Court of Appeals, Ninth Circuit. Submitted April 30, 1996. * Decided May 3, 1996. Before: BROWNING, REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Orlando Pineda-Hernandez appeals his sentence under the Sentencing Guidelines for his guilty plea conviction to being a deported alien found in the United States in violation of 8 U.S.C. § 1326 (a) and (b)(2). Pineda-Hernandez contends that the district court erred by failing to grant his request for an additional one-level adjustment for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1(b). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. BACKGROUND 3 On December 5, 1994, at approximately 2:30 a.m., Border Patrol agents responded to a sensor activation and discovered Pineda-Hernandez hiding in a…