United States v. Jesus Molina

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,  No. 09-10066 Plaintiff-Appellee, D.C. No. v.  4:08-cr-00480-FRZ-

JESUS ANTONIO MOLINA, JJM-

Defendant-Appellant.  OPINION

Appeal from the United States District Court for the District of Arizona Frank R. Zapata, District Judge, Presiding

Argued and Submitted January 15, 2010—San Francisco, California

Filed March 8, 2010

Before: J. Clifford Wallace, Procter Hug, Jr. and Richard R. Clifton, Circuit Judges.

Opinion by Judge Hug COUNSEL

S. Jonathan Young, Williamson & Young, P.C., Tucson, Ari- zona, for the appellant.

Michael D. Logalbo, Assistant U.S. Attorney, Tucson, Ari- zona, for the appellee.

OPINION

Hug, Circuit Judge:

Jesus Antonio Molina (“defendant”) appeals the district court’s admission of hearsay statements pursuant to a stipula- 3638 UNITED STATES v. MOLINA tion and the denial of his request for an adjustment for accep- tance of responsibility pursuant to U.S.S.G. § 3E1.1(a). On March 7, 2008, the defendant was arrested and charged with…