United States v. Victor Santos

Good Law
537 F. App'x 775
United States Court of Appeals for the Ninth CircuitAugust 16, 201312-10572California265 words

Opinion

Opinion

MEMORANDUM

Victor Santos appeals from the district court’s judgment and challenges the 97-month sentence imposed following his jury-trial conviction for being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. § 922 (g)(1); unlawful transfer of a firearm, in violation of 26 U.S.C. § 5861 (e); being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1); possession of marijuana, in violation of 21 U.S.C. § 844 ; and unlawful trafficking in firearms, in violation of 18 U.S.C. § 922 (a)(1). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Santos contends that the district court erred by denying him a two-level downward adjustment for acceptance of responsibility under U.S.S.G. § 3El.l(a). He argues that he demonstrated acceptance of responsibility because he offered to plead nolo contendere to some of the gun charges before trial, and expressed remorse for that conduct in his post-trial statements. We review the district court’s factual finding about whether a defendant has accepted responsibility for clear error. See United States v. Cantrell, 433 F.3d 1269, 1284 (9th Cir.2006).

Notwithstanding Santos’s offer to plead nolo…

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