What is the legal test for whether a defendant has accepted responsibility for their actions?

MultiRegion, United States of America

The following excerpt is from United States v. Rodriguez, 851 F.3d 931 (9th Cir. 2017):

defendant clearly demonstrates acceptance of responsibility for his offense." U.S.S.G. 3E1.1(a). "A district court's decision about whether a defendant has accepted responsibility is a factual determination reviewed for clear error." United States v. Doe , 778 F.3d 814, 821 (9th Cir. 2015) (quoting United States v. Rosas , 615 F.3d 1058, 1066 (9th Cir. 2010) ). "The determination of the sentencing judge is entitled to great deference on review because of the sentencing judge's unique position to evaluate a defendant's acceptance of responsibility." United States v. Nielsen , 371 F.3d 574, 582 (9th Cir. 2004) (citation and internal quotation marks omitted). The defendant bears the burden of demonstrating acceptance of responsibility, United States v. Osinger , 753 F.3d 939, 948 (9th Cir. 2014), and must show "genuine contrition for his acts," United States v. Dhingra , 371 F.3d 557, 568 (9th Cir. 2004). We conclude that the district court did not clearly err in denying the adjustment.

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