Gomez

United States v. Gomez

Good Law
94 F. App'x 478
United States Court of Appeals for the Ninth CircuitMarch 23, 2004No. 03-30230California596 words

Opinion

Lead Opinion

MEMORANDUM **

Justina Leann Gomez appeals her sentence imposed after a jury conviction for possession with intent to distribute fifty or more grams of methamphetamine, in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(l)(B)(viii). Gomez was sentenced to 87 months imprisonment to be followed by five years of supervised release. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 3742 . We affirm.

Gomez contends that the district court erred in denying her motion for a reduction based on acceptance of responsibility pursuant to section 3E1.1 of the United States Sentencing Guidelines (“USSG”). We review a district court’s decision about whether a defendant has accepted responsibility for clear error. United States v. Bazuaye, 240 F.3d 861, 863 (9th Cir.2001); see also USSG § 3E1.1, cmt. n. 5.

At trial, Gomez was not forthcoming with information related to the facts of the case by repeatedly answering, “I don’t *480 remember” in response to government questioning. She denied essential factual elements on the count of possession with intent to distribute methamphetamine, including the fact that she acted as an interpreter in the conversation that facilitated the sale…

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