Saenz-Ramirez

MEMORANDUM **

Ricardo Saenz-Ramirez appeals the sentence imposed following his guilty plea to being an illegal alien found in the United States in violation of 8 U.S.C. § 1326 (a). Saenz-Ramirez claims that the district court erred in refusing to adjust his sentence for acceptance of responsibility and in misconstruing his pro se request for a downward departure. We reject these claims and affirm.

*142 DISCUSSION

1. Acceptance of Responsibility

This is not a case where a district court denied an adjustment for acceptance of responsibility because the defendant elected to go to trial. See United States v. Cortes, 299 F.3d 1030, 1038 (9th Cir.2002), cert. denied, — U.S.-, 123 S.Ct. 1333 , 154 L.Ed.2d 1084 (2003), United States v. Ochoa-Gaytan, 265 F.3d 837, 842 (9th Cir. 2001). Rather, the record here indicates that the district court denied the adjustment because Saenz-Ramirez disputed the accuracy of his post-arrest confession, challenged the government’s proof that he had not sought permission to re-enter this country, and repeatedly asserted during the sentencing hearing that he “committed no crime.” Moreover, the court expressly stated in denying any adjustment for…