United States v. Peter Harmon

MEMORANDUM

Criminal defendant Peter Harmon appeals the district court’s sentence of four months imprisonment and three years of supervised release following his plea of guilty to possession of stolen mail under 18 U.S.C. § 1708 . Harmon contends that he was entitled to a reduction in sentence under the section 3E1.1 of the federal sentencing guidelines for accepting responsibility for his actions. We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291 . We review the district court’s factual determination of whether a defendant has accepted responsibility for clear error. United States v. Wilson, 392 F.3d 1055, 1061 (9th Cir.2005).

The facts of this case are known to the parties. We do not repeat them.

Under the federal sentencing guidelines, a criminal defendant is entitled to a downward adjustment if he clearly accepts responsibility for all of his relevant conduct. Id. A plea of guilty is evidence of acceptance of responsibility, but it may be outweighed by a defendant’s inconsistent conduct. U.S.S.G. § 3E1.1 app. n. 3. The defendant carries the burden of proof in demonstrating acceptance of responsibility. United States v. Innie, 7 F.3d 840, 848 (9th…