United States v. Alejandro Escobedo-Moreno

91 F.3d 156 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Alejandro ESCOBEDO-MORENO, Defendant-Appellant. No. 95-50356. United States Court of Appeals, Ninth Circuit. Submitted July 9, 1996. * Decided July 15, 1996. Before: HUG, Chief Judge, SCHROEDER and POOLE, Circuit Judges. 1 MEMORANDUM ** 2 Alejandro Escobedo-Moreno appeals his 70-month sentence following a guilty plea to importation of marijuana, in violation of 21 U.S.C. §§ 952 , 960, and possession of marijuana with the intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). Escobedo-Moreno received a two-level reduction in his offense level under U.S.S.G. § 3E1.1(a) for acceptance of responsibility. Escobedo-Moreno contends that the district erred by refusing to grant an additional one-level reduction under U.S.S.G. § 3E1.1(b)(2), and refusing to grant a downward departure for Escobedo-Moreno's promise not to challenge the exclusion…