United States v. Adolfo Ramirez-Nunez

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 29 2016 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 14-10117 Plaintiff - Appellee, D.C. No. 2:13-cr-00897-GMS v. MEMORANDUM* ADOLFO RAMIREZ-NUNEZ, a.k.a. Jorge Campos, a.k.a. Adolfo Ramirez, a.k.a. Manuel Rodriguez, Defendant - Appellant. Appeal from the United States District Court for the District of Arizona G. Murray Snow, District Judge, Presiding Submitted April 26, 2016** Before: McKEOWN, WARDLAW, and PAEZ, Circuit Judges. 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 * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). under 28 U.S.C. § 1291, and we affirm. 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. 2 14-10117