Mourra-Lozano

United States v. Mourra-Lozano

Good Law
9 F. App'x 686
United States Court of Appeals for the Ninth CircuitMay 23, 2001No. 00-50143; D.C. No. CR 98-00509-B-39-LGBCalifornia310 words

Opinion

Lead Opinion

MEMORANDUM ***

The central inquiry in determining whether a confession qualifies for the § 3El.l(b)(l) adjustment is “whether the confession was complete and timely.” United States v. Blanco-Gallegos, 188 F.3d 1072, 1077 (9th Cir.1999). Defendant’s assertion that he knew he had engaged in wrongdoing and bore responsibility for his actions is not the type of complete admission to all elements of the charged crime required under the Guidelines before awarding the additional enhancement. See United States v. Ruelas-Arreguin, 219 F.3d 1056, 1062 (9th Cir.2000) (deeming admission of all elements of charged crime sufficient to merit reduction); see also United States v. Colussi, 22 F.3d 218, 221 (9th Cir. 1994) (noting defendant was not eligible for a reduction under § 3E1.1(b)(1) despite telling police at arrest, ‘You got me. I did it.”). A general admission of wrongdoing when confronted with the evidence the government had already obtained does not constitute the necessary assistance in investigation or prosecution necessary to warrant the additional reduction. Regardless of the extent of the evidence the government showed to Defendant before he admitted wrongdoing, “I know what I…

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