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U.S. v. Dominguez-Maro

United States Court of Appeals, Ninth Circuit
Aug 19, 2003
72 F. App'x 713 (9th Cir. 2003)

Opinion


72 Fed.Appx. 713 (9th Cir. 2003) UNITED STATES of America, Plaintiff--Appellee, v. Manuel De Jesus DOMINGUEZ-MARO, Defendant--Appellant. No. 03-10072. D.C. No. CR-02-00838-FJM. United States Court of Appeals, Ninth Circuit. August 19, 2003

Submitted August 11, 2003.

This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the District of Arizona, Frederick J. Martone, District Judge, Presiding.

Before SCHROEDER, Chief Judge, HAWKINS, and TASHIMA, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Manuel de Jesus Dominguez-Maro appeals the 63-month sentence imposed after a jury convicted him of illegal re-entry following deportation in violation of 8 U.S.C. § 1326(a) and (b)(2). We have jurisdiction under 18 U.S.C. § 3742, and we affirm.

Dominguez-Maro contends that the district court erred in denying him a reduction for acceptance of responsibility pursuant to U.S. S.G. § 3E1.1. We review for clear error a district court's factual determinations

Page 714.

with respect to the acceptance of responsibility reduction. United States v. Cortes, 299 F.3d 1030, 1037 (9th Cir.2002), cert. denied, 537 U.S. 1224, 123 S.Ct. 1333, 154 L.Ed.2d 1084 (2003).

The record demonstrates that the district court considered defendant's objections, and did not rest its decision on impermissible factors, and found that appellant's pre-trial statements did not convey sufficient contrition to warrant the acceptance of responsibility reduction. Cf. United States v. Mohrbacher, 182 F.3d 1041, 1052 (9th Cir.1999).

AFFIRMED.


Summaries of

U.S. v. Dominguez-Maro

United States Court of Appeals, Ninth Circuit
Aug 19, 2003
72 F. App'x 713 (9th Cir. 2003)
Case details for

U.S. v. Dominguez-Maro

Case Details

Full title:UNITED STATES of America, Plaintiff--Appellee, v. Manuel De Jesus…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 19, 2003

Citations

72 F. App'x 713 (9th Cir. 2003)