Shamburger
United States v. Shamburger
Opinion
Lead Opinion
MEMORANDUM **
The court sua sponte consolidates appeal no. 03-10027 and appeal no. 03-10026. The clerk shall file the briefs in 03-10027 also in 03-10026.
In appeal no. 03-10027, Keith D’Shaun Shamburger appeals the sentence imposed following his guilty plea conviction for wire fraud in violation of 18 U.S.C. § 1343 . In appeal no. 03-10026, Shamburger appeals the sentence imposed following his guilty plea conviction for possession of counterfeit and unauthorized access devices in violation of 18 U.S.C. § 1029 (a)(3), the sentence imposed for unlawful possession of a *555 firearm in violation of 18 U.S.C. § 922 (g), and the sentence imposed for possession of a controlled substance in violation of 21 U.S.C. § 841 (a)(1).
We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review for clear error the district court’s determination of whether a defendant presents an “extraordinary case” warranting the simultaneous application of an upward adjustment for obstruction of justice pursuant to U.S.S.G. § 3C1.1 and a downward adjustment for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1. See United States v. Thompson, 80 F.3d 368, 371 (9th Cir.1996).