Rider

United States v. Rider

Good Law
63 F. App'x 975
United States Court of Appeals for the Ninth CircuitMay 20, 2003No. 02-30367California255 words

Opinion

Lead Opinion

MEMORANDUM **

Gerald Rider appeals the 168-month sentence imposed following his guilty plea conviction for abusive sexual contact with a child under the age of twelve, in violation of 18 U.S.C. §§ 2241 (c) and 1153. We have jurisdiction under 28 U.S.C. § 1291 . We review for clear error a district court’s factual findings in determining whether to adjust downward. United States v. Cortes, 299 F.3d 1030, 1037 (9th Cir.2002). We affirm.

The district court did not clearly err by denying Rider a downward adjustment for acceptance of responsibility because Rider attempted to minimize his involvement in the offense by falsely denying the frequency and extent of his abusive sexual conduct towards a five-year old girl. See United States v. Scrivener, 189 F.3d 944, 948-49 (9th Cir.1999); see also United States v. Ramos, 923 F.2d 1346, 1360 (9th Cir.1991) (affirming district court’s denial of downward adjustment for acceptance of responsibility where defendant offered a “minimalist description” of his involvement in the offense), overruled on other grounds by United States v. Ruiz, 257 F.3d 1030 (9th Cir.2001).

We reject Rider’s contention that he sufficiently admitted relevant conduct…

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