The following excerpt is from USA. v. Gaytan, 265 F.3d 837 (9th Cir. 2001):
the offense level of a defendant who "clearly demonstrates acceptance of responsibility for his offense." In making the determination whether a defendant has accepted responsibility, the district court"may not consider against the defendant any constitutionally protected conduct." United States v. Sitton, 968 F.2d 947, 962 (9th Cir. 1992). Thus, for example, while the district court"may deny the reduction because of a lack of contrition despite the increased costs imposed upon the defendant's choice to remain silent or to proceed to trial," the court"may not deny the reduction because of that choice in spite of other manifestations of sincere contrition." Id. (emphasis added).
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