United States v. Jeanette Sangrey Demontiney

Good Law
38 F.3d 1219·1994 WL 577338·1994 U.S. App. LEXIS 36899
United States Court of Appeals for the Ninth CircuitOctober 17, 199494-30026California652 words

Opinion

Opinion

38 F.3d 1219 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jeanette Sangrey DEMONTINEY, Defendant-Appellant. No. 94-30026. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 3, 1994. Decided Oct. 17, 1994. Before: LAY * , TROTT, T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Jeanette Sangrey Demontiney appeals the sentence imposed upon her guilty plea for six counts of conspiracy and theft of government money. 18 U.S.C. Secs. 2 , 371, 641. We vacate Demontiney's sentence and remand for resentencing. 3 Demontiney challenges her sentence on two grounds. She first argues that the district court erred by denying her a three-level reduction to her base offense level for acceptance of responsibility. See U.S.S.G. Sec. 3E1.1. Whether a defendant has accepted responsibility for his or her crime is a factual finding reviewed for clear error. United States v. Gonzalez, 897 F.2d 1018 (9th Cir.1990). Demontiney…

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