Alams

United States v. Alams

Good Law
12 F. App'x 560
United States Court of Appeals for the Ninth CircuitJune 21, 2001No. 00-30058; D.C. No. CR 99-00047-TSZCalifornia424 words

Opinion

Lead Opinion

MEMORANDUM **

Humphrey A. Alams appeals his 30-month sentence imposed following his guilty plea to bank fraud, in violation of 18 U.S.C. § 1344 . We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

Alams contends that the district court erred by denying him a downward adjustment for acceptance of responsibility under U.S.S.G. § 8E1.1.

We review for clear error a district court’s decision to deny a reduction for acceptance of responsibility. United States v. Fellows, 157 F.3d 1197, 1202 (9th Cir.1998).

Notwithstanding Alams’ timely admission of guilt, we cannot say the district court clearly erred by ruling against the adjustment based on its determination that Alams had not demonstrated sincere remorse for his crime. See id. (stating that otherwise significant evidence of acceptance of responsibility may be outweighed by inconsistent conduct such as failure to demonstrate contrition and remorse and that the district court’s decision must be afforded “great deference because of [the district court’s] unique position to evaluate a defendant’s acceptance of responsibility’).

In addition, Alams contends pro se, for the first time on appeal, that the…

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