United States v. Ramos-Medina, No. 09-50408 (9th Cir. 2012)
Annotate this CaseDefendant appealed from his conviction and sentence for illegally re-entering the United States after previously having been deported. The Ninth Circuit affirmed, holding (1) Defendant's prior conviction for burglary under Cal. Penal Code 459 qualified as a crime of violence under the immigration laws and for sentencing purposes; (2) the district court did not err in denying Defendant a two-level downward adjustment for acceptance of responsibility under the sentencing guidelines. The Court distinguished the district court's denial of an acceptance of responsibility adjustment here from cases in which district courts interpreted the guidelines to forbid the award of such an adjustment to any defendant who forces the government to prove his guilt at trial.
The court issued a subsequent related opinion or order on January 11, 2013.
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