Reevis

United States v. Reevis

Good Law
35 F. App'x 667
United States Court of Appeals for the Ninth CircuitMay 28, 2002No. 01-30119; D.C. No. CR-00-00065-DWMCalifornia297 words

Opinion

Lead Opinion

*668 MEMORANDUM **

David Calvin Reevis appeals his 105-month sentence imposed following his jury-trial conviction for voluntary manslaughter, in violation of 18 U.S.C. § 1112 . We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

Reevis contends that his sentence must be reversed because the district court erroneously denied him a two-level adjustment for acceptance of responsibility pursuant to U.S.S.G. § 3El.l(a). We review for clear error the district court’s decision whether to grant or deny such an adjustment. 1 See United States v. Fisher, 137 F.3d 1158, 1167 (9th Cir.1998). Based on our review of the record, we cannot say that the district court clearly erred by finding that Reevis, while admitting to causing the victim’s death, had not acknowledged his criminal culpability for his actions. See United States v. Gallant, 136 F.3d 1246, 1248 (9th Cir.1998) (affirming denial of acceptance of responsibility adjustment where appellant had expressed regret but maintained that his actions were necessary); United States v. Doe, 155 F.3d 1070, 1074 (9th Cir.1998) (en banc) (‘We accept the lower court’s findings of fact unless upon review we are left…

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