Arellano-Zavala

United States v. Arellano-Zavala

Good Law
81 F. App'x 238
United States Court of Appeals for the Ninth CircuitNovember 14, 2003No. 03-50031; D.C. No. CR-98-01776-3-RMBCalifornia256 words

Opinion

Lead Opinion

MEMORANDUM **

Adrian Arellano-Zavala appeals his 189-month sentence imposed upon resentencing following his jury-trial conviction for conspiracy to import and distribute heroin in violation of 21 U.S.C. § § 841, 846, 952, 960, and 963. We have jurisdiction pursuant to 18 U.S.C. § 3742 , and we affirm.

Arellano-Zavala contends that the district court exred by denying a two-level downward adjustment for acceptance of responsibility under U.S.S.G. § 3E1.1.

The district court did not clearly err in concluding that Arellano-Zavala was not entitled to a downward departure for acceptance of responsibility where the district court found that Ax'ellano-Zavala’s conduct waxranted an upward adjustment for obstruction of justice, and where the court found that his belated remorse was not genxxine. See § 3E1.1, cmt. n. 4 (stating that “fcjonduct x’esulting in an enhancement under § 3C1.1 ordinarily indicates that the defendant has not accepted responsibility”); see United States v. Hopper, 27 F.3d 378, 383 (9th Cir.1994) (deciding that to conclude that a case is not extraordinary to warrant simultaneous adjustments under §§ 3C1.1 and 3E1.1, “the district court must necessarily find the…

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