United States v. Javier Ochoa-Gaytan, A.K.A. Rodolfo Rodriguez-Ortega

We must decide whether the fact that a defendant attempted to suppress his confession and chose to proceed to trial rather than to plead guilty makes the defendant ineligible under the United States Sentencing Guidelines for a downward adjustment for acceptance of responsibility. Because we conclude that the Sentencing Guidelines create no such categorical ineligibility, we vacate the district court’s sentence and remand for resentencing.

Background

On August 28, 1998, a border patrol agent found Ochoa-Gaytan and three others walking along a trail in California about two miles Northeast of the Mexican border. The agent briefly interviewed the individuals and concluded that they were Mexican citizens illegally present in the United States. The agent took them to the Brown Field Station for processing where a background investigation revealed that Ochoa-Gaytan, who was traveling under the alias Rodolfo Rodriquez-Ortega, had previously been deported and had previously been convicted of two felonies. After waiving his Miranda rights, Ochoa-Gaytan admitted to having been convicted of the crimes identified in the background investigation and stated that he knew it was illegal for him…