Langley

United States v. Langley

Good Law
54 F. App'x 672
United States Court of Appeals for the Ninth CircuitJanuary 17, 2003No. 02-30040; D.C. No. CR-01-05216-TCalifornia263 words

Opinion

Lead Opinion

MEMORANDUM **

Randall Keith Langley appeals a 60-month sentence imposed after his jury-trial conviction for mailing threatening communications in violation of 18 U.S.C. § 876 . We have jurisdiction under 18 U.S.C. § 3742 . We review enhancements under the Sentencing Guidelines for conduct preceding a threat de novo, a district court’s factual finding of intent for clear error, See United States v. Hines, 26 F.3d 1469, 1473 (9th Cir.1994), and we affirm.

Langley contends that because he did not intend to act on his threats the district court erred by increasing his offense level by six levels under U.S.S.G. § 2A6.1(b)(l). This contention is not convincing. See United States v. Hines, 26 F.3d 1469, 1473-74 (9th Cir.1994) (stating that defendant’s actions prior to the threatening communications may be taken into account to determine intent to act purposes of U.S.S.G. § 2A6.1).

Langley also contends that the district court erred by not granting a two level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1. This contention is meritless. See United States v. Burrows, 36 F.3d 875, 883 (9th Cir.1994) (stating that defendant’s admission of physical commission of crime…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.