Legal Opinion

United States v. Stephen Robert Gunning

Court of Appeals for the Ninth Circuit

Decided August 6, 2003No. 02-30057PublishedCited by 28 opinions

1Opinion of the Court

OPINION

2Per curiam

Stephen R. Gunning pleaded guilty to wire fraud. He appeals to contest the terms of his sentence. We remand for additional findings and modification, or for resentencing if necessary.

Gunning contends that he was entitled to the 2-level decrease for acceptance of responsibility pursuant to sentencing guideline 3E1.1. 1 The district court found that he did not exhibit a clear acceptance of responsibility because he was blaming others for what he did. That finding is not clearly erroneous. 2

Gunning contends that he was only a minor participant in the scheme to defraud investors and that…

3Cases cited7 opinions

  1. United States v. David Devon DavisCourt of Appeals for the Sixth Circuit · 2002
  2. United States v. Michael Xavier RigbyCourt of Appeals for the Ninth Circuit · 1990
  3. United States v. David ProutyCourt of Appeals for the Eleventh Circuit · 2002
  4. United States v. Gerald A. Coates Gerald CoatesCourt of Appeals for the Third Circuit · 1999
  5. United States v. John Wesley ScrivenerCourt of Appeals for the Ninth Circuit · 1999

2 more not listed; retrieve them via the Exa API.

4Cited by28 opinions

  1. Ward v. ChavezCourt of Appeals for the Ninth Circuit · 2012
  2. United States v. Matthew Eugene DupasCourt of Appeals for the Ninth Circuit · 2005
  3. United States v. BettsCourt of Appeals for the Ninth Circuit · 2007
  4. United States v. LemoineCourt of Appeals for the Ninth Circuit · 2008
  5. United States v. Stephen Robert GunningCourt of Appeals for the Ninth Circuit · 2005

23 more not listed; retrieve them via the Exa API.

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