UNITED STATES v. LIANG LI (2019)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. LIANG LI, Defendant-Appellant.

No. 18-10367

Decided: November 25, 2019

Before: CANBY, TASHIMA, and CHRISTEN, Circuit Judges.

Garth R. Backe, Assistant U.S. Attorney, USNMI - Office of the US Attorney, Saipan, MP, for Plaintiff - Appellee Bruce Berline, Esquire, Attorney, Law Office of Bruce Berline, Saipan, MP, for Defendant - Appellant

MEMORANDUM **

Liang Li appeals from the district court’s judgment and challenges the sentence of two years’ probation and a fine of $4,000 imposed following his guilty-plea conviction for making a false statement in a passport application, in violation of 18 U.S.C. §§ 2 and 1542. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Li contends that, when calculating his Guideline range, the district court improperly denied him a two-level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1(a). The district court did not clearly err in finding that Li did not accept responsibility for his offense. See United States v. Rodriguez, 851 F.3d 931, 949 (9th Cir. 2017). The record reflects that Li consistently failed to demonstrate contrition and sought to minimize his conduct, which is inconsistent with accepting responsibility. See id.; United States v. Scrivener, 189 F.3d 944, 948 (9th Cir. 1999).

AFFIRMED.

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