Unpublished Disposition, 896 F.2d 556 (9th Cir. 1990)

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U.S. Court of Appeals for the Ninth Circuit - 896 F.2d 556 (9th Cir. 1990)

UNITED STATES of America, Plaintiff-Appellee,v.Gregory Raymond ROMERO, Defendant-Appellant.

No. 89-10229.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 8, 1990.* Decided Feb. 21, 1990.

Before WALLACE, ALARCON and LEAVY, Circuit Judges.


ORDER

Romero appeals from the district court's sentence of 33 months' imprisonment for assaulting a federal correctional officer. Romero contends that the district court erred by refusing to apply the two-point reduction for acceptance of responsibility to career offenders. The district court had jurisdiction pursuant to 18 U.S.C. § 3231. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291. We affirm.

"We review de novo the application of the Sentencing Guidelines." United States v. Restrepo, 884 F.2d 1294, 1295 (9th Cir. 1989). Romero's claim is identical to one recently considered by us in United States v. Summers, No. 88-3203, slip op. 1189, 1193 (9th Cir. Febr. 5, 1990). In Summers, we held that the two-point reduction for acceptance of responsibility does not apply to career offenders. Id. at 1195. For the reasons stated in Summers, we reject Romero's claim.

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 34-4

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