The following excerpt is from USA. v. Gaytan, 265 F.3d 837 (9th Cir. 2001):
However, a defendant's choice to exercise the constitutional right to trial and thus to hold the government to its burden--even where the defendant does not bring a constitutional challenge--does not automatically make the defendant ineligible for the adjustment. The "exercise of a constitutional right cannot be held against a defendant for the purpose of the adjustment [of acceptance of responsibility], although it may reduce the amount of evidence in his favor." United States v. Vance, 62 F.3d 1152, 1157 (9th Cir. 1995) (emphasis added).
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