Garcia-Vara

United States v. Garcia-Vara

Good Law
53 F. App'x 410
United States Court of Appeals for the Ninth CircuitDecember 9, 2002No. 01-10290; D.C. No. CR-00-00906-FRZCalifornia269 words

Opinion

Lead Opinion

MEMORANDUM **

Cipriano Fernando Garcia-Vara appeals the 77-month sentence imposed following his jury conviction for unlawful reentry after deportation in violation of 8 U.S.C. § 1326 (a), with a sentencing enhancement pursuant to 8 U.S.C. § 1326 (b)(2). We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We review a district court’s factual determination whether a defendant has accepted responsibility for clear error. United States v. Velasco-Medina, 305 F.3d 839, 853 (9th Cir.2002). We affirm.

Garcia-Vara contends that the district court erred by denying his request for an offense level reduction for acceptance of responsibility pursuant to U.S.S.G. § 3E1.1. Because Garcia-Vara failed to clearly demonstrate acceptance of responsibility, the district court did not clearly err by denying the adjustment. See id.; cf. United States v. Ochoa-Gaytan, 265 F.3d 837, 845 (9th Cir.2001) (finding that defendant gave a complete confession because he “confirmed his prior criminal record and admitted ... that he was in the United States illegally, that he had been deported previously, and that he had used a false name”) (internal quotation and citation omitted). Because the…

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