Fisher

Opinion by Judge CANBY; Partial Concurrence and Partial Dissent by Judge KLEINFELD.

John Raymond Fisher appeals his jury conviction and resulting sentence for being a felon in possession of a firearm, a violation of 18 U.S.C. § 922 (g) (1994). He also appeals his separate jury convictions and resulting sentences for contempt of court and failure to appear, violations of 18 U.S.C. §§ 401 and 3146 (1994), respectively. The two appeals have been consolidated. We affirm the conviction and sentence for gun possession, and the conviction for contempt of court. We reverse the conviction for failure to appear. We vacate Fisher’s sentence for contempt of court and remand to the district court for resentencing.

INTRODUCTION

Fisher is a convicted felon. During September 1994, Fisher and two other persons were renting a two-bedroom residence on 74th Avenue in Portland, Oregon. A magistrate issued a warrant to search the residence on the basis of a police affidavit. When law enforcement officers executed the search warrant, they discovered six loaded firearms.

A federal grand jury indicted Fisher for being a felon in possession of a firearm, a violation of 18 U.S.C. § 922 (g). He was then…

concurring in part and dissenting in part:

. I concur in all of Judge Canby’s excellent opinion except for the portion relating to; the acceptance of responsibility adjustment, section III(c). We should not reverse the district court’s denial of the adjustment.

The contempt of court and failure to appear sentence computations were grouped. See United States v. Calozza, 125 F.3d 687, 689-90 (9th Cir.1997). Thus even though we vacate the failure to appear conviction, the acceptance of responsibility adjustment affects the contempt sentence.

Fisher did not “clearly demonstrate acceptance of responsibility,” as U.S.S.G. § 3El.l(a) requires. He refused to admit anything, jumped bad, pleaded not guilty, went to trial, and was convicted by the jury. Application Note 1 of U.S.S.G. § 3E1.1 lists eight ways to show acceptance of responsibility, such as “truthfully admitting the conduct,” “voluntary surrender ... promptly after the commission of the offense,” and “timeliness of the defendant’s conduct in manifesting acceptance of responsibility.” Fisher did not do any of them. At closing argument, his lawyer conceded that the government had proved its ease on the contempt count, but a…