Vassar

MEMORANDUM **

Jerome Vassar pled guilty to bank fraud and fraudulent use of another person’s identification on a Friday; his trial was set to begin the following Monday. He challenges his thirty-seven month sentence because he did not receive a one-level decrease in his offense level for timely notifying authorities of his intention to plead guilty. He also claims that the district court erred in counting a criminal history point for a prior state adult diversionary conviction.

We affirm.

I. Timeliness of guilty plea

Vassar claims that because he pled guilty before trial, the district court should have given him an additional one-level reduction under U.S.S.G. § 3E1.1(b)(2), which provides for an additional one-level reduction if

U.S.S.G. § 3El.l(b)(2) (2000) (emphasis added). This court reviews for clear error a district court’s decision to withhold the additional one-level adjustment. United States v. Villasenor-Cesar, 114 F.3d 970, 973 (9th Cir.1997).

The district court rejected Vassar’s request for the additional reduction, because he had pled guilty on the Friday before the Monday of trial; The government had subpoenaed and interviewed all its witnesses, made travel…