United States v. Donald E. McGann

Appellant Donald McGann appeals his sentence under the United States Sentencing Guidelines, claiming that he is entitled to a four-level reduction pursuant to U.S.S.G. § 2P1.1(b)(3). We have jurisdiction pursuant to 28 U.S.C. § 1291. The district court had jurisdiction under 18 U.S.C. § 3231. Notice of appeal was timely filed. Fed.R.App.P. 4(b). “This court reviews de novo the way in which the district court applies the Guidelines.” United States v. Howard, 894 F.2d 1085, 1087 (9th Cir.1990). We affirm.

On January 13, 1990, while serving time in the federal prison camp at Lompoc, California,…