Warner

MEMORANDUM **

Thomas Alen Warner, Sr. appeals from the ten-month sentence imposed following his guilty-plea conviction for mail fraud and false statements, in violation of 18 U.S.C. §§ 2 (b), 1001, and 1341. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate and remand.

Warner contends that the district court erred by not applying a two-level downward adjustment for acceptance of responsibility under U.S.S.G. § 3El.l(a). We conclude that the district court did not err because Warner’s statements during his plea and sentencing colloquies, as well as the timing of his admissions, were inconsistent with acceptance of responsibility. See United States v. Scrivener, 189 F.3d 944, 948-49 (9th Cir.1999); see also U.S.S.G. § 3E1.1, cmt. n. 1(h) (2002).

Warner also contends that his sentence is unreasonable because the district court ignored his history and characteristics when fashioning the sentence. We conclude that there was no procedural error and that Warner’s sentence is substantively reasonable. See United States v. Carty, 520 F.3d 984, 995-96 (9th Cir.2008) (en banc).

Finally, Warner contends that a special condition of supervised release prohibiting him from…