Wendler

MEMORANDUM *

Dexter Wendler pled guilty to charges of illegal firearm possession, in violation of *590 18 U.S.C. § § 922(g)(1) and 924(a)(2), and Social Security fraud, in violation of 42 U.S.C. 408(a)(7)(B). He was sentenced to 33 months of imprisonment. On appeal, Wendler challenges his sentence in two respects. We affirm.

First, he contends that the district court erred by denying an additional level of downward adjustment for his acceptance of responsibility under U.S.S.G. § 3El.l(b). The district court’s decision to withhold an additional one-level adjustment under U.S.S.G. § 3El.l(b) is reviewed for clear error. United States v. Ruelas-Arreguin, 219 F.3d 1056, 1059 (9th Cir.2000). The district court did not clearly err when it denied Wendler an additional one-point reduction under § 3El.l(b). Wendler entered a guilty plea after he had already been tried on some of the charges once, and only four days before his scheduled retrial. “[A] defendant who pleads guilty on the eve of trial is not entitled to the reduction for timely acceptance of responsibility under subsection (b)(2).” United States v. Kimple, 27 F.3d 1409, 1413 (9th Cir.1994). “The defendant’s guilty plea must…