Wiskus

MEMORANDUM **

Frayne Aeron Wiskus was sentenced to sixty months incarceration and three years supervised release, with no downward departure for acceptance of responsibility, after pleading guilty to wire fraud. Wiskus appeals both the denial of downward departure and a condition of his supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We review for clear error the district court’s factual findings, United States v. Fleming, 215 F.3d 930, 939 (9th Cir.2000), and review de novo the court’s application of the Sentencing Guidelines, United States v. Kimple, 27 F.3d 1409, 1411 (9th Cir.1994). The commentary to the Sentencing Guidelines specifically provides that, due to the sentencing judge’s “unique position to evaluate a defendant’s acceptance of responsibility,” his determination “is entitled to great deference on review.” U.S.S.G. § 3E1.1, Application Note 5.

Wiskus relies on United States v. Vance, 62 F.3d 1152 (9th Cir.1995) to argue that he satisfied the requirements of U.S.S.G. § 3E1.1. Vance does not compel reversal in this case. The judge pointed to several aggravating factors that he could constitutionally take into account as conduct…