United States v. Gerry Anderberg

967 F.2d 592 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Gerry ANDERBERG, Defendant-Appellant. No. 91-30183. United States Court of Appeals, Ninth Circuit. Submitted June 25, 1992. * Decided June 30, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Gerry Anderberg appeals from his sentence, imposed following a jury trial, for assaulting a federal officer in violation of 18 U.S.C. § 111 . Anderberg contends that the district court (1) failed to articulate sufficiently specific grounds for denying him an adjustment in his sentencing range for acceptance of responsibility, and (2) erroneously refused to grant the adjustment solely because he had exercised his right to a trial. We have jurisdiction under 28 U.S.C. § 1291 and we vacate the sentence and remand for resentencing. 3 Whether a defendant has accepted responsibility for his offense is a factual finding which we review for…