United States v. Pinto-Santellano

MEMORANDUM^**

Alfredo Pinto-Santellano appeals from his 100-month sentence following conviction by jury trial for being found in the United States after deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction pursuant to 18 U.S.C. § 3742, and we affirm.

Pinto-Santellano contends that the district court clearly erred by denying him a sentencing adjustment for acceptance of responsibility because he went to trial. We review for clear error, United States v. Bazuaye, 240 F.3d 861, 863 (9th Cir.2001), and see none.

Pinto-Santellano’s stated reason for going to trial was to call attention to his medical condition rather than to contest his factual guilt See U.S.S.G. § 3E1.1 application note 2. The evidence of his medical problem was excluded prior to trial, yet Pinto-Santellano nonetheless proceeded to trial. He contested his factual guilt. We discern no clear error in the district court’s finding that Pinto-Santellano failed to meet his burden of clearly demonstrating acceptance of responsibility. See United States v. Velasco-Medina, 305 F.3d 839, 854 (9th Cir.2002).

AFFIRMED.

** 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.