U.S. Court of Appeals for the Ninth Circuit, 2016

United States v. Adolfo Ramirez-Nunez

United States v. Adolfo Ramirez-Nunez
U.S. Court of Appeals for the Ninth Circuit · Decided April 29, 2016 · McKeown, Wardlaw, Paez
649 F. App'x 466

United States v. Adolfo Ramirez-Nunez

Opinion

MEMORANDUM **

Adolfo Ramirez-Nunez appeals from the district court’s judgment and challenges the 46-month sentence imposed following his jury-trial conviction for reentry of a removed alien, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

*467 Ramirez-Nunez contends that the district court erred by denying him a two-level adjustment for acceptance of responsibility under U.S.S.G. § 3E1.1(a). The district court did not clearly err in determining that Ramirez-Nunez was not entitled to the adjustment because he put the government to its burden of proof at trial, denied knowingly entering the United States, and failed to demonstrate the requisite contrition at sentencing. See U.S.S.G. § 3E1.1 cmt. n. 2; United States v. Osinger, 753 F.3d 939, 948-49 (9th Cir. 2014).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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