United States v. Wei Chang Liao, AKA Tony Chan, AKA Mr. Tony

65 F.3d 177 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Wei Chang LIAO, aka Tony Chan, aka Mr. Tony, Defendant-Appellant. No. 94-10075. United States Court of Appeals, Ninth Circuit. Submitted Feb. 13, 1995. * Decided Aug. 23, 1995. Before: REINHARDT, THOMPSON, and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 We remand for resentencing. 3 I. Acceptance of Responsibility. 4 Liao argues that the district court erred when it denied him a two-level decrease for acceptance of responsibility. We review for clear error. United States v. McKinney, 15 F.3d 849, 852 (9th Cir.1994). 5 Liao refused to speak to the probation officer about his crime, allegedly because he feared other criminals who had been apprehended. The district judge was aware that under United States v. LaPierre, 998 F.2d 1460, 1467 (9th Cir.1993), refusal to speak to the probation officer does not justify denial of the acceptance of responsibility adjustment,…