Thompson

United States v. Thompson

Good Law
49 F. App'x 749
United States Court of Appeals for the Ninth CircuitNovember 1, 2002No. 01-30366; D.C. No. CR-00-00163-a-JKSCalifornia980 words

Opinion

Lead Opinion

MEMORANDUM *

Michele Renee Thompson pled guilty to three counts of fraud and was sentenced to seventy-eight months of imprisonment. We affirm her sentence.

Thompson appeals the sentencing court’s decision not to grant a reduction of offense level for “acceptance of responsibility” under United States Sentencing Guidelines § 3E1.1. We review a district court’s decision to deny a § 3E1.1 reduction for clear error. United States v. Fleming, 215 F.3d 930, 939 (9th Cir.2000). There was significant evidence supporting the sentencing judge’s determination that Thompson was not contrite: Thompson made equivocal statements in her allocution and false statements to mental health professionals who attempted to diagnose her. Cf. United States v. Bazuaye, 240 F.3d 861, 865-66 (9th Cir.2001) (false statement to parole officer); United States v. Fellows, 157 F.3d 1197, 1203 (9th Cir.1998) (equivocal acceptance of responsibility). Thompson argues that the sentencing court relied on improper factors in making its § 3E1.1 decision. But a sentencing judge may look to a defendant’s criminal history and likelihood of recidivism in assessing the genuineness of her contrition, and may demand…

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