United States v. Ponce
United States v. Ponce
Opinion of the Court
MEMORANDUM
The district court did not err in denying Ponce’s motion to suppress because the search of the motel room was justified by exigent circumstances. See Murdock v. Stout, 54 F.3d 1437, 1441 (9th Cir. 1995), abrogated on other grounds by United States v. Ramirez, 523 U.S. 65, 69-70, 118 S.Ct. 992, 140 L.Ed.2d 191 (1998); United States v. Gooch, 6 F.3d 673, 679 (9th Cir. 1993). Exigent circumstances are
The district court did not err in taking Ponce’s dishonesty into account when it denied him a downward adjustment for acceptance of responsibility and imposed an upward adjustment for obstruction of justice. The district court’s finding that Ponce obstructed justice by lying about his identity, citizenship, and criminal history was not clearly erroneous. Such a finding “ordinarily indicates that the defendant has not accepted responsibility.” United States v. Magana-Guerero, 80 F.3d 398, 401 (9th Cir. 1996) (citing U.S.S.G. § 3E1.1 cmt. n. 4). This is not an extraordinary case “where the defendant’s obstructive conduct is not inconsistent with acceptance of responsibility.” Id. at 402 (internal quotation marks omitted). Rather, Ponce’s “[ljying with the hope of avoiding a degree of culpability or punishment is the very antitheses of acceptance of responsibility.” Id.
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.