Montepeque-Peralta

MEMORANDUM **

Jaime Enrique Montepeque-Peralta (“Montepeque”) appeals his sentence following a judgment and conviction for violation of 8 U.S.C. § 1326 , being a deported alien found in the United States. In a previous appeal, we concluded that the district court “clearly erred when it denied [an] additional reduction for timely acceptance of responsibility” without first determining whether the government meaningfully prepared for trial prior to Montepeque’s notice of intent to plead guilty. See United States v. Montepeque-Peralta, 116 Fed.Appx. 853 (9th Cir.2004) (unpublished disposition). We remanded for resentencing on an open record. Id. On remand, the district court reviewed evidence of the government’s trial preparation and found that “[b]asically the only thing that was left to do was to put the witnesses on the stand and go through the trial itself.” The district court once again denied Montepeque a third point adjustment for acceptance of responsibility and sentenced Montepeque to 77 months in custody.

In this appeal, Montepeque argues that the government did not carry its burden of demonstrating that it meaningfully prepared for trial. In light of evidence that the…