No. 99-50366.

265 F.3d 837 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Javier OCHOA-GAYTAN, a.k.a. Rodolfo Rodriguez-Ortega, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 7, 2001.

Attorney(s) appearing for the Case

Matthew C. Winter, Federal Defenders of San Diego, Inc., San Diego, California, for the defendant-appellant.

Patrick O'Toole, U.S. Attorney, Bruce R. Castetter, Assistant United States Attorney, Chief, Appellate Section, Criminal Division, Renee M. Bunker, Assistant United States Attorney, San Diego, California, for the plaintiff-appellee.

Before: HUG and B. FLETCHER, Circuit Judges, and ILLSTON, District Judge.

BETTY B. FLETCHER, Circuit Judge:

We must decide whether the fact that a defendant attempted to suppress his confession and chose to proceed to trial rather than to plead guilty makes the defendant ineligible under the United States Sentencing Guidelines for a downward adjustment for acceptance of responsibility. Because we conclude that the Sentencing Guidelines create no such categorical ineligibility, we vacate the district...

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