United States v. Mario Ramirez-Avitua

PER CURIAM: *

Mario Alberto Ramirez-Avitua (Ramirez) appeals his sentence for illegal reentry after deportation. Ramirez argues that the Government impermissibly withheld the third-level reduction for acceptance of responsibility under U.S.S.G. § 3El.l(b).

Ramirez contends that based on Amendment 775 to the Sentencing Guidelines, which applies to cases pending on appeal, United States v. Villegas Palacios, 756 F.3d 325, 326 & n. 1 (5th Cir.2014), the Government should not withhold a motion for the additional one-level reduction merely because a defendant does not agree to waive his right to…