Arellano-Zavala
United States v. Arellano-Zavala
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…