Ninth Circuit - General Application Issues

United States v. Dixon, 984 F.3d 814 (9th Cir. 2020). The court erred in denying a 2-level reduction under §3E1.1(a) for acceptance of responsibility where the defendant was convicted at trial of drug possession but acquitted of drug trafficking. A trial conviction does not automatically preclude acceptance, and even before being indicted, the defendant admitted to possessing drugs.

United States v. Grimaldo, 984 F.3d 876 (9th Cir. 2021). A court does not abuse its discretion when it fails to strike from the presentence report a past arrest that does not result in a conviction.

United States v. Valdez-Lopez, 4 F.4th 886 (9th Cir. 2021). No presumption of vindictiveness applies when a defendant successfully moves to set aside one of several counts and a different judge resentences him to a longer imprisonment term.