[T][U] United States v. Torres - Ninth Circuit U.S. Court of Appeals

[T][U] United States v. Torres

By Ninth Circuit U.S. Court of Appeals

  • Release Date - Published: 1996-08-28
  • Book Genre: Law
  • Author: Ninth Circuit U.S. Court of Appeals
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[T][U] United States v. Torres Ninth Circuit U.S. Court of Appeals read online review & book description:

MEMORANDUM* The government contends that the district court erred in granting Torres a two-level adjustment for acceptance of responsibility and in departing downward seven levels for aberrant behavior. We AFFIRM. The record reflects significant evidence establishing acceptance of responsibility. Before the start of trial, Torres pled guilty and admitted the elements of the offense with which he was charged. See United States v. Vance, 62 F.3d 1152, 1159 (9th Cir. 1995)(citing entry of plea of guilty before trial and truthful admission of elements of the offense as ""significant evidence"" to establish acceptance of responsibility).1 That Torres pled guilty without a plea bargain, see id. at 1160, and that he expressed remorse for his actions, see United States v. Gonzalez, 16 F.3d 985, 991 (9th Cir. 1995), provide additional evidence of acceptance of responsibility. Accordingly, the decision of the district court to grant Torres a two-level reduction for acceptance of responsibility was not clearly erroneous.

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