United States v. Warren Armstead

MEMORANDUM

Warren Eric Armstead appeals the within-Guidelines, 175-month sentence imposed following his conviction on one count of conspiracy to commit bank fraud and nine counts of substantive bank fraud. We affirm.

1. The district court properly denied Armstead’s request for a two-level adjustment for acceptance of responsibility because Armstead steadfastly refused to accept responsibility for his leadership role in the conspiracy, even after conviction. See United States v. Schales, 546 F.3d 965, 976 (9th Cir.2008) (“A defendant is entitled to a downward adjustment if he clearly accepts responsibility for all of his relevant conduct.”); see also United States v. McKinney, 15 F.3d 849, 853 (9th Cir.1994) (“Where the defendant’s statements and conduct make it clear that his contrition is sincere, ... he is entitled to the reduction even if he is convicted after a trial.” (emphasis added)).

2. The district court did not fail to consider 18 U.S.C. § 3553 (a)(6). First, a district court “need not tick off each of the § 3553(a) factors to show that it has considered them.” United States v. Carty, 520 F.3d 984, 992 (9th Cir.2008) (en banc). Second, the district court expressly…