United States v. Javier Ochoa-Gaytan, A.K.A. Rodolfo Rodriguez-Ortega

BETTY B. FLETCHER, Circuit Judge:

We must decide whether the fact that a defendant attempted to suppress his confession and chose to proceed to trial rather than to plead guilty makes the defendant ineligible under the United States Sentencing Guidelines for a downward adjustment for acceptance of responsibility. Because we conclude that the Sentencing Guidelines create no such categorical ineligibility, we vacate the district court’s sentence and remand for resentencing.

Background

On August 28, 1998, a border patrol agent found Ochoa-Gaytan and three others walking along a trail in California…