USCA1 Opinion
June 5, 1996
[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________
No. 96-1204
UNITED STATES,
Appellee,
v.
SIMON GONZALEZ-MIRANDA,
Defendant, Appellant.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. Gene Carter, U.S. District Judge] ___________________
____________________
Before
Torruella, Chief Judge, ___________
Boudin and Lynch, Circuit Judges. ______________
____________________
George D. Hepner, III on brief for appellant. _____________________
Jay P. McCloskey, United States Attorney, Jonathan R. Chapman, _________________ ____________________
Assistant U.S. Attorney, and Margaret D. McGaughey, Assistant U.S. ______________________
Attorney, on brief for appellee.
____________________
____________________
Per Curiam. Defendant-appellant, Simon Gonzalez- __________
Miranda, challenges the district court's refusal to grant a
two-level downward adjustment for acceptance of
responsibility to his sentence for violating 8 U.S.C.
1326(a) and (b)(2) (illegal re-entry after deportation).
After careful review of the parties' briefs and the record,
we find no reason to disturb the sentence imposed by the
district court.
A sentencing court has wide latitude in determining
the propriety of a reduction for acceptance of responsibility
under U.S.S.G. 3E1.1, and its finding on this issue will
normally be set aside only if clearly erroneous. United ______
States v. DeLeon Ruiz, 47 F.3d 452, 455 (1st Cir. 1995). ______ ____________
Where, as here, the defendant's conviction follows a trial,
the reduction is reserved for "rare situations" in which the
defendant may clearly demonstrate, through pre-trial
statements and conduct, acceptance of responsibility for his
criminal conduct. U.S.S.G. 3E1.1, Application Note 2;
United States v. Bennett, 37 F.3d 687, 697 (1st Cir. 1994). _____________ _______
Clearly demonstrating acceptance of responsibility requires a
show of contrition, id. at 698, and whether a defendant has ___
made this showing is a question of fact, United States v. _____________
Royer, 895 F.2d 28, 29 (1st Cir. 1990). _____
Although the record shows that the defendant on
several occasions prior to trial, as well as during his trial
testimony, admitted his guilt, the record also shows that
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these admissions were unaccompanied by such expressions of
remorse necessary to indicate that the defendant clearly
demonstrated an acceptance of responsibility for his criminal
conduct. The district court's refusal to grant a downward
adjustment under U.S.S.G. 3E1.1 was thus not clearly
erroneous.
Affirmed. Loc. R. 27.1. ________
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