United States of America, Plaintiff-appellee, v. David Kaho, Defendant-appellant, 59 F.3d 176 (9th Cir. 1995)

MEMORANDUM^** 

David Kaho appeals his sentence of 78 months imposed following his guilty plea to conspiracy to distribute and possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a) and 846. Kaho contends that the district court erred by refusing to grant an additional one-level reduction for acceptance of responsibility under U.S.S.G. Sec. 3E1.1(b) (2). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

We review for clear error the district court's determination of a defendant's entitlement to an acceptance of responsibility reduction. United States v. Kimple, 27 F.3d 1409, 1412 (9th Cir. 1994).

A defendant is entitled to a two-level reduction of his offense level if he "clearly accepts responsibility for his offense." U.S.S.G. Sec. 3E1.1(a). An additional one-level reduction should be granted if the defendant "timely notif [ies] authorities of his intention to plead guilty, thereby permitting the government to avoid preparing for trial." U.S.S.G. Sec. 3E1.1(b) (2); see also United States v. Narramore, 36 F.3d 845, 846 (9th Cir. 1994) (acceptance not timely where government had begun trial preparation because defendant at no time approached government with his intent to plea); cf. Kimple, 27 F.2d at 1413 (denial of additional reduction was improper where record only reflected government's efforts in responding to pretrial motions).

The district court granted Kaho a two-level reduction for acceptance of responsibility under U.S.S.G. Sec. 3E1.1(a), but denied the additional one-point reduction under Sec. 3E1.1(b) based upon the fact that the government had transported one of its principal witnesses to the District of Hawaii to testify prior to Kaho's plea.¹  Additionally, the record reveals that the government had filed its trial memorandum, proposed jury instructions, and the stipulated testimony of one of its witnesses before Kaho entered his guilty plea. See Narramore, 36 F.3d at 846; cf. Kimple, 27 F.3d at 1413. In light of these facts, we conclude the district court did not commit clear error in denying Kaho an additional one point reduction for acceptance of responsibility. See U.S.S.G. Sec. 3E1.1(b) (2); Kimple, 27 F.3d at 1412.

AFFIRMED.