United States v. Roberto Gonzalez

Roberto Gonzalez appeals his sentence of seventy months in custody and four years of suspended release, contending that the trial court misapplied the Federal Sentencing Guidelines (“the Guidelines”) and that, as applied, the Guidelines are unconstitutional. We affirm.

Gonzalez was convicted of violating 21 U.S.C. §§ 841 (a)(1) and 846. At the sentencing hearing, Gonzalez requested that the court reduce his base offense level under the Guidelines by two points in recognition of his “acceptance of responsibility.” The trial court denied the request.

Whether or not a defendant has accepted responsibility for his crime is a factual determination. We agree with the other circuits which have decided to apply the “clearly erroneous” standard to such questions. See United States v. Barrett, 890 F.2d 855, 868-69 (6th Cir.1989); United States v. Ortiz, 878 F.2d 125, 128 (3d Cir.1989); United States v. Zayas, 876 F.2d 1057, 1060 (1st Cir.1989); United States v. White, 875 F.2d 427, 431 (4th Cir.1989); United States v. Nunley, 873 F.2d 182, 187 (8th Cir.1989); United States v. Thomas, 870 F.2d 174, 176 (5th Cir.1989); United States v. Spraggins, 868 F.2d 1541, 1543 (11th Cir.1989) (per…