Cervantes

United States v. Cervantes

Good Law
25 F. App'x 676
United States Court of Appeals for the Ninth CircuitJanuary 25, 2002No. 01-50410. D.C. No. CR-00-00222-NM-1California243 words

Opinion

Lead Opinion

MEMORANDUM **

Jose Cervantes appeals his 20-month sentence imposed following his guilty plea for possession of stolen mail in violation of 18 U.S.C. § 1708 . We have jurisdiction pursuant to 18 U.S.C. § 3742 (a).

*677 Cervantes contends that the district court erred by denying a reduction for acceptance of responsibility, despite an uncontested enhancement for obstruction of justice. We review for clear error, see United States v. Thompson, 80 F.3d 368, 370 (9th Cir.1996), and we affirm.

While conduct leading to an obstruction of justice enhancement “ordinarily indicates that the defendant has not accepted responsibility for his criminal conduct,” there are “extraordinary cases” in which adjustments for both obstruction of justice and acceptance of responsibility may apply. See U.S.S.G. 3E1.1 cmt. n. 4 (2000).

The district court found that Cervantes’s post-arrest conduct was inconsistent with an acceptance of responsibility, citing his failure to appear for a court hearing and felonious conduct after absconding from pre-trial supervision. Granting the requisite deference to the district court’s findings, see United States v. Hopper, 27 F.3d 378, 381-82 (9th Cir.1994), we…

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