Unpublished Disposition, 935 F.2d 277 (9th Cir. 1991)

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U.S. Court of Appeals for the Ninth Circuit - 935 F.2d 277 (9th Cir. 1991)

UNITED STATES of America, Plaintiff-Appellee,v.Michael Bruce RAWLINSON, Defendant-Appellant.

No. 90-50070.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Feb. 7, 1991.Decided June 10, 1991.As Amended July 9, 1991.

Before JAMES R. BROWNING, D.W. NELSON and REINHARDT, Circuit Judges.

MEMORANDUM* 

Appellant Michael Bruce Rawlinson appeals his sentence of 78 months for possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a) (1), arguing that the district court failed to take into account his acceptance of responsibility. We vacate and remand for resentencing.

A defendant who accepts full responsibility for his crimes is entitled to a two-point reduction in the offense level. Guidelines Sec. 3E1.1. Rawlinson argues, and the government has conceded, that the district court refused to reduce his offense level because he did not accept responsibility for the crime of manufacturing methamphetamine, a crime to which he did not plead guilty. After sentence was imposed in this case we held that "a criminal defendant is entitled to a reduction for acceptance of responsibility under the guidelines even if he does not admit culpability for crimes to which he does not plead guilty." United States v. Ramos, 923 F.2d 1346, 1360 (9th Cir. 1991). Accordingly, we vacate Rawlinson's sentence and remand for resentencing in light of Ramos.

SENTENCE VACATED.


 *

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3