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U.S. v. PEREZ-FRANCO

No. 88-1768.

873 F.2d 455 (1989)

UNITED STATES of America, Appellee, v. Jose Rafael PEREZ-FRANCO, Defendant, Appellant.

United States Court of Appeals, First Circuit.

April 28, 1989.

Attorney(s) appearing for the Case

John F. Cicilline, Providence, R.I., for appellant.

James H. Leavey, Asst. U.S. Atty., with whom Lincoln C. Almond, U.S. Atty., Providence, R.I., was on brief for the U.S.

Before CAMPBELL, Chief Judge, BOWNES and TORRUELLA, Circuit Judges.

BOWNES, Circuit Judge.

Defendant-appellant Jose Rafael Perez-Franco appeals the sentence he was given pursuant to the new Sentencing Guidelines. He claims that the district court incorrectly calculated his offense level by refusing to give him credit for acceptance of responsibility as provided for under the Guidelines. We hold that a defendant needs to accept responsibility only for the counts to which he is pleading guilty. We remand.

I. BACKGROUND

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