United States v. Duane A. Hamlin, Jr.

103 F.3d 142 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Duane A. HAMLIN, Jr., Defendant-Appellant. No. 95-10476. United States Court of Appeals, Ninth Circuit. Submitted Aug. 14, 1996. * Decided Dec. 6, 1996. 1 Before: WIGGINS and TROTT, Circuit Judges, VANCE, ** District Judge. 2 MEMORANDUM *** 3 Duane Hamlin ("Defendant") appeals his sentence following his guilty plea to one count of aggravated sexual assault of his estranged wife, Cindy Hamlin, in violation of 18 U.S.C. § 2241 (a). Defendant pleaded guilty one day before the scheduled jury trial, 1 and the district court reduced his offense level by two levels for acceptance of responsibility under USSG § 3E1.1(a), but denied an additional one-level reduction under § 3E1.1(b)(2) because Defendant's acceptance of responsibility was untimely. The court sentenced Defendant to 108 months imprisonment--the maximum sentence within the applicable sentencing…