Diaz-Pineda

MEMORANDUM *

Rogelio Diaz-Pineda (“Diaz”) appeals his seventy-seven month sentence for illegally reentering the United States following deportation, in violation of 8 U.S.C. § 1326 . We have jurisdiction pursuant to 18 U.S.C. § 1291 and we affirm.

Diaz first argues that the district court erred in refusing to grant him a two-step reduction in his sentence for acceptance of responsibility. We disagree. Section 3E1.1 of the United States Sentencing Guidelines provides a two-level reduction in the offense level if a defendant “clearly demonstrates acceptance of responsibility for his offense.” U.S.S.G. § 3El.l(a). “A failure to demonstrate contrition and remorse weighs against a finding of acceptance of responsibility, because implicit in acceptance of responsibility is an admission of moral wrongdoing.” United States v. Connelly, 156 F.3d 978, 982 (9th Cir.1998) (internal quotations omitted). “Whether or not a defendant has accepted responsibility for his crime is a factual determination to which the clearly erroneous standard of review applies.” United States v. Gillam, 167 F.3d 1273, 1279 (9th Cir.1999).

On redirect examination at trial, Diaz attempted to excuse his reentry…