United States v. Joaquin Torres

95 F.3d 1160 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellant, v. Joaquin TORRES, Defendant-Appellee. No. 95-50490. United States Court of Appeals, Ninth Circuit. Submitted Aug. 7, 1996. * Decided Aug. 28, 1996. Before: REINHARDT, HALL, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 The government contends that the district court erred in granting Torres a two-level adjustment for acceptance of responsibility and in departing downward seven levels for aberrant behavior. We AFFIRM. 3 The record reflects significant evidence establishing acceptance of responsibility. Before the start of trial, Torres pled guilty and admitted the elements of the offense with which he was charged. See United States v. Vance, 62 F.3d 1152, 1159 (9th Cir.1995) (citing entry of plea of guilty before trial and truthful admission of elements of the offense as "significant evidence" to establish acceptance of responsibility). 1 That Torres pled guilty…