United States of America, Plaintiff-appellee, v. Alvin Orlando Williams, Defendant-appellant, 127 F.3d 1108 (9th Cir. 1997)

MEMORANDUM^* 

Alvin Orlando Williams appeals his 197-month sentence imposed in a consolidated sentencing proceeding following his guilty plea to unarmed bank robbery (CR-93-00797) and jury conviction for armed bank robbery and use of a firearm during the commission of a dangerous felony (CR-93-00929). We affirm.

Williams contends that he is entitled to an offense level adjustment for acceptance of responsibility because he accepted responsibility for the unarmed bank robbery. This contention is foreclosed by United States v. Ginn, 87 F.3d 367, 370 (9th Cir. 1996), in which we held that "a defendant is not entitled to an adjustment when he does not accept responsibility for all of the counts of which he is convicted."

Williams contends that Ginn is distinguishable because the bank robberies in Ginn were charged in the same indictment, whereas his bank robberies were charged in separate indictments. We reject this contention because the same rules apply for determining the offense level for multiple counts of conviction contained in the same indictment or in separate indictments where, as in this case, the sentencing proceedings were consolidated. See U.S.S.G. § 5G1.2, comment.

Finally, Williams contends that Ginn was wrongly decided. We cannot reconsider or overrule the decision of a prior three-judge panel. See United States v. Camper, 66 F.3d 229, 232 (9th Cir. 1995).

AFFIRMED.