United States v. Diaz, 39 F.3d 568 (5th Cir. 1994). · Go Syfert
United States v. Diaz, 39 F.3d 568 (5th Cir. 1994). Cases Citing This Book View Copy Cite
“he consideration of timeliness is expressly allowed.”
40 citation events (21 in the last 25 years) across 2 distinct courts.
Strongest positive: United States v. Elmo Starling (ca5, 2019-08-05)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 28 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Elmo Starling (3×) also: Cited as authority (rule)
5th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence high
he consideration of timeliness is expressly allowed.
discussed Cited as authority (rule) United States v. Torrijos-Ruiz (2×) also: Cited "see, e.g."
5th Cir. · 2025 · confidence medium
But the ultimate question is whether the defendant has exhibited “‘sincere contrition’ regarding the full extent of . . . criminal conduct.” Diaz, 39 F.3d at 572 (citation omitted).
discussed Cited as authority (rule) United States v. Nunez
5th Cir. · 2025 · confidence medium
“In United States v. Washington, we announced protection of access to the AOR reduction for defendants who pursue a motion to suppress.” 31 “The Guidelines create a distinction between a defendant’s denial of factual guilt and denial of legal guilt, allowing _____________________ 28 Id. § 3E1.1, cmt. 2. 29 United States v. Washington, 340 F.3d 222, 228 (5th Cir. 2003). 30 United States v. Diaz, 39 F.3d 568, 571 (5th Cir. 1994) (quoting United States v. Tello, 9 F.3d 1119, 1128 (5th Cir. 1993)). 31 United States v. Najera, 915 F.3d 997, 1003 (5th Cir. 2019) (citing Washington, 340 F.3d…
cited Cited as authority (rule) United States v. Perez-Aguilar
5th Cir. · 2025 · confidence medium
Perez-Aguilar’s reliance on United States v. Diaz, 39 F.3d 568, 571 (5th Cir. 1994), is misplaced because the district court here did not rely on the “bare fact” of Perez-Aguilar’s convictions.
discussed Cited as authority (rule) United States v. Christopher Omigie
5th Cir. · 2020 · confidence medium
This tactical move “is more than enough to warrant” denial of an acceptance adjustment. 37 32 United States v. Cabrera, 288 F.3d 163, 175 (5th Cir. 2002) (per curiam) (quoting U.S.S.G. § 3E1.1 cmt. n.5). 33 United States v. Najera, 915 F.3d 997, 1002 (5th Cir. 2019) (quoting United States v. Maldonado, 42 F.3d 906, 913 (5th Cir. 1995)). 34 Maldonado, 42 F.3d at 913 (internal quotation marks omitted). 35 The court also noted that even at sentencing, Omigie was still “trying to minimize his role” in the conspiracy. 36 United States v. Taylor, 331 F. App’x 287, 288 (5th Cir. 2009) (unp…
cited Cited as authority (rule) United States v. Randy Garcia
5th Cir. · 2020 · confidence medium
See § 3E1.1 comment. (n.1); United States v. Medina-Anicacio, 325 F.3d 638, 648 (5th Cir. 2003); United States v. Diaz, 39 F.3d 568, 571 (5th Cir. 1994).
discussed Cited as authority (rule) United States v. Raymond Dean
5th Cir. · 2013 · confidence medium
Rather, acceptance of responsibility requires that a defendant demonstrate “sincere contrition regarding the full extent of [his] criminal conduct.” United States v. Diaz, 39 F.3d 568, 572 (5th Cir.1994) (internal quotation marks and citation omitted) (emphasis in original).
discussed Cited as authority (rule) United States v. Lovell Thomas
5th Cir. · 2012 · confidence medium
Though he pleaded guilty to these charges, Thomas did not admit all of the conduct relevant to his offenses, namely that he possessed a firearm in furtherance of the drug crimes, see United States v. Pierce, 237 F.3d 693, 694 (5th Cir.2001), and did not demonstrate “sincere contrition regarding the full extent” of his criminal activities, United States v. Diaz, 39 F.3d 568, 572 (5th Cir.1994) (internal quotation marks and citation omitted) (emphasis in original).
discussed Cited as authority (rule) United States v. Williamson (2×) also: Cited "see"
5th Cir. · 2011 · confidence medium
See § 3E1.1 & cmt. (n.l(h) & n.6) (2008); United States v. Diaz, 39 F.3d 568, 572 (5th Cir.1994).
discussed Cited as authority (rule) United States v. James Gayford (2×) also: Cited "see"
5th Cir. · 2010 · confidence medium
United States v. Diaz, 39 F.3d 568, 571-72 (5th Cir.1994).
discussed Cited as authority (rule) United States v. Flores
5th Cir. · 2003 · confidence medium
See U.S.S.G. § 3E1.1, comment (n.l(h)); United States v. Diaz, 39 F.3d 568, 572 (5th Cir.1994); see also Bickford v. Int’l Speedway Corp., 654 F.2d 1028 , 1031 (5th Cir.1981) (reversal is inappropriate if ruling of the district court can be affirmed on any grounds, regardless whether those grounds were used by the district court).
discussed Cited as authority (rule) United States v. Espinoza
5th Cir. · 2003 · confidence medium
This conduct did not amount to “sincere contrition regarding the full extent of . . . [his criminal] conduct.” See United States v. Diaz, 39 F.3d 568, 572 (5th Cir. 1994) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) United States v. Haren
5th Cir. · 1999 · confidence medium
AFFIRMED. 11 See, e.g., United States v. Diaz, 39 F.3d 568, 571-72 (5th Cir. 1994) (holding that decision not to grant reduction for acceptance of responsibility would be upheld even though based in part on irrelevant grounds, because decision was independently supported by other factors); United States v. Tello, 9 F.3d 1119, 1128 (5th Cir. 1993) (“We may always affirm a district court’s ruling, made for an invalid reason, if we are shown or can find a valid reason to support the ruling.”). 12 See 18 U.S.C. § 3583 (e)(3) (“[A] defendant whose term is revoked under this paragraph may n…
discussed Cited as authority (rule) United States v. Derrick Anthony Thomas Ronald Harmon Elluard J. Jackson Thaddius Christopher Goins, Also Known as Cricket (2×)
5th Cir. · 1997 · confidence medium
United States v. Diaz, 39 F.3d 568, 571 (5th Cir.1994).
discussed Cited as authority (rule) United States v. L.C. Lister, Jr.
5th Cir. · 1995 · confidence medium
This does not appear to meet the criteria for the two-level reduction for acceptance of responsibility.” The district court accepted the PSR’s findings, and we cannot say that the findings are “without foundation” or are “clearly erroneous.” See United States v. Diaz, 39 F.3d 568, 572 (5th Cir.1994) (denying an acceptance of responsibility adjustment, in part because “Defendants waited until the morning of trial to enter plea negotiations”); United States v. Wilder, 15 F.3d 1292, 1299 (5th Cir.1994) (denying an acceptance of responsibility adjustment, in part because the defend…
cited Cited as authority (rule) United States v. Phillip Duane Tremelling
5th Cir. · 1995 · confidence medium
United States v. Diaz, 39 F.3d 568, 571 (5th Cir.1994).
discussed Cited as authority (rule) UNITED STATES OF AMERICA v. L.C. LISTER, JR
unknown court · confidence medium
This does not appear to meet the criteria for the two-level reduction for acceptance of responsibility." The district court accepted the PSR's findings, and we cannot say that the findings are "without foundation" or are "clearly erroneous." See United States v. Diaz, 39 F.3d 568, 572 (5th Cir. 1994) (denying an acceptance of responsibility 13 adjustment, in part because "Defendants waited until the morning of trial to enter plea negotiations"); United States v. Wilder, 15 F.3d 1292, 1299 (5th Cir. 1994) (denying an acceptance of responsibility adjustment, in part because the defendant "did no…
discussed Cited as authority (rule) UNITED STATES OF AMERICA v. DERRICK ANTHONY THOMAS; RONALD HARMON; ELLUARD J. JACKSON; THADDIUS CHRISTOPHER GOINS, also known as Cricket (2×)
unknown court · confidence medium
United States v. Diaz, 39 F.3d 568, 571 (5th Cir. 1994).
discussed Cited as authority (rule) UNITED STATES of America v. Edid PATINO-CARDENAS (2×)
unknown court · confidence medium
See, e.g., United States v. Vital, 68 F.3d 114, 120-21 (5th Cir.1995) (upholding district court's denial of reduction for acceptance of responsibility because the defendant "had denied facts bearing on the offense of conviction and on relevant conduct”); United States v. Diaz, 39 F.3d 568, 570 (5th Cir.1994) (upholding district court’s denial of reduction for acceptance of responsibility because “the defendants had failed to acknowledge the full extent of the charged conspiracy”). .
discussed Cited "see" United States v. Maria Castaneda-Garcia
5th Cir. · 2019 · signal: see · confidence high
See United States v. Diaz, 39 F.3d 568, 572 (5th Cir. 1994) (upholding a district court’s consideration of the timeliness of the defendant’s plea in denying a reduction 3 Case: 18-50757 Document: 00514984323 Page: 4 Date Filed: 06/05/2019 No. 18-50757 for acceptance of responsibility); U.S.S.G. § 3E1.1 cmt. n.1(H); see also Juarez- Duarte, 513 F.3d at 211 .
discussed Cited "see" United States v. Ernesto Moreno
5th Cir. · 2019 · signal: see · confidence high
See United States v. Diaz, 39 F.3d 568, 571 (5th Cir. 1994) (explaining that if a valid reason supports the district court’s ruling, it can be affirmed).
cited Cited "see" United States v. Taylor
5th Cir. · 2009 · signal: see · confidence high
See United States v. Diaz, 39 F.3d 568, 570 (5th Cir.1994); United States v. Wilder, 15 F.3d 1292, 1299 (5th Cir.1994).
cited Cited "see" United States v. Ruiz
5th Cir. · 2002 · signal: see · confidence high
See United States v. Nguyen, 190 F.3d 656, 659-60 (5th Cir. 1999), and United States v. Diaz, 39 F.3d 568, 570-72 (5th Cir. 1994).
cited Cited "see" UNITED STATES OF AMERICA v. ROBERT CORTEZ TURNER
unknown court · signal: see · confidence high
See United States v. Diaz, 39 F.3d 568, 572 (5th Cir. 1994).
cited Cited "see" UNITED STATES OF AMERICA v. CHRISTOPHER C. MOUTOH
unknown court · signal: see · confidence high
See United States v. Diaz, 39 F.3d 568, 572 (5th Cir. 1994).
discussed Cited "see, e.g." United States v. Nunez-Rodriguez
1st Cir. · 1996 · signal: see also · confidence medium
A sentencing decision based in part on an invalid ground may be affirmed if "excision of the improper ground does not obscure or defeat the reasoning of the district court," and we are "left, on the record as a whole, with the definite and firm conviction that removal of the inappropriate ground would not be likely to alter the district court's view of the sentence right- fully to be imposed." United States v. Diaz-Bastardo, 929 F.2d 798, 800 (1st Cir. 1991) (departure decision); see also United States v. Diaz, 39 F.3d 568, 571 (5th Cir. 1994) (same analysis, reviewing denial of 3E1.1 reductio…
discussed Cited "see, e.g." United States v. Nunez-Rodriguez
1st Cir. · 1996 · signal: see also · confidence medium
A sentencing decision based in part on an invalid ground may be affirmed if "excision of the improper ground does not obscure or defeat the reasoning of the district court," and we are "left, on the record as a whole, with the definite and firm conviction that removal of the inappropriate ground would not be likely to alter the district court's view of the sentence right- fully to be imposed." United States v. Diaz-Bastardo, 929 F.2d _____________ _____________ 798, 800 (1st Cir. 1991) (departure decision); see also United ___ ____ ______ States v. Diaz, 39 F.3d 568, 571 (5th Cir. 1994) (same …
discussed Cited "see, e.g." United States v. Josee Antonio Nunez-Rodriguez
1st Cir. · 1996 · signal: see also · confidence medium
A sentencing decision based in part on an invalid ground may be affirmed if “excision of the improper ground does not obscure or defeat the reasoning of the district court,” and we are “left, on the record as a whole, with the definite and firm conviction that removal of the inappropriate ground would not be likely to alter the district court’s view of the sentence rightfully to be imposed.” United States v. Diaz-Bastardo, 929 F.2d 798, 800 (1st Cir.1991) (departure decision); see also United States v. Diaz, 39 F.3d 568, 571 (5th Cir.1994) (same analysis, reviewing denial of § 3E1.1…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Rene DIAZ, Defendant-Appellant; UNITED STATES of America, Plaintiff-Appellee, v. Paul SOLIS, Defendant-Appellant
94-30167, 94-30168.
Court of Appeals for the Fifth Circuit.
Nov 28, 1994.
39 F.3d 568
Mark King Leban, Miami, FL, for appellants., Mary Jude Darrow, Peter G. Strasser, Asst. U.S. Attys., and Robert' J. Boitmann, U.S. Atty., New Orleans, LA, for appellee.
Garwood, Higginbotham, Davis.
Cited by 30 opinions  |  Published
GARWOOD, Circuit Judge:

In this consolidated appeal, defendants-appellants Rene Diaz (Diaz) and Paul Solis (Solis) complain of the sentence imposed under the United States Sentencing Guidelines following their convictions on pleas of guilty to charges of conspiring to possess with the intent to distribute cocaine hydrochloride contrary to 21 U.S.C. §§ 841(a) and 846. Both defendants insist that the district court erred in not awarding any credit for acceptance of responsibility under section 3E1.1 of the Guidelines. For the reasons that follow, we affirm.

Facts and Proceedings Below

In cooperation with a confidential informant (Cl), United States Customs agents seized thirty-one kilograms of cocaine hydrochloride from the M/V Balsa 43 when it arrived in New Orleans from Colombia on May 25, 1993. That evening, after giving agents the telephone numbers of the intended recipients of the cocaine, the Cl agreed to make a controlled delivery. At approximately 5:40 p.m., the Cl called Diaz, one of the intended recipients. Diaz agreed to travel from Miami to New Orleans the next day to purchase 8 kilograms of cocaine for $20,000. Diaz also indicated that he would return later to New Orleans to purchase twelve more kilograms.

The next day, May 26, 1993, Diaz arrived in New Orleans with Solis and two other people. Shortly after their arrival, Diaz and Solis (Defendants) went to the agreed-upon site for the purchase. When the Cl arrived, Solis approached him. Then Diaz joined Solis, and together they led the Cl to their van. Once there, Defendants took the cocaine but refused to pay for it. They forced the Cl from the van and fled the scene. Five hours later, customs agents intercepted two vans headed for Miami, one driven by Solis and the other by Diaz. In the van driven by Solis, the agents discovered $20,000. On the side of the road nearby, agents found eight kilograms of cocaine wrapped in the same packaging used for delivery by the CI.

On July 16, 1993, an indictment returned against Defendants charged them with one count of conspiracy to possess with the intent to distribute eight kilograms of cocaine hydrochloride in violation of 21 U.S.C. §§ 841(a)(1) and 846. After some delay, the trial was scheduled for November 15, 1993. On that morning, just before trial, Defendants entered into plea negotiations. As a result, the government filed a superseding information charging Defendants with the same crime but omitting reference to the amount of cocaine specified in the indictment. Defendants then pleaded guilty to the charge. The district court accepted the pleas and ordered presentence investigation reports (PSRs).

Diaz’s PSR recommended awarding credit for acceptance of responsibility because “he acknowledges that he traveled from Miami to New Orleans to do a cocaine transaction.” Solis’s PSR recommended not awarding the credit because “he denies having any knowledge that the purpose of the trip to New Orleans was to purchase cocaine” and because “[h]e denies knowing that a drug deal was occurring prior to his meeting with the government informant and further indicates that he was no more than an observer.” At the sentencing hearing on March 9,1994, the district court informed Defendants of its decision not to award either of them any credit for accepting responsibility. At that time, the district court based its decision on two facts: (1) Defendants’ delay before pleading guilty and (2) Defendants’ failure to tell the whole truth. When Defendants objected, the district court made clear that its decision was firm but offered Defendants an opportunity to consider withdrawing their pleas. Both Diaz and Solis declined.

The district court then sentenced Diaz, who had a total offense level of 32 and a criminal history category of III, to 180 months in prison and 3 years’ supervised release. The court sentenced Solis, who had a total offense level of 32 and a criminal history category of II, to 150 months in prison and 3 years’ supervised release. Af[*571] ter the hearing, in its written reasons for the sentence, the district court indicated that Defendants’ prior felony convictions also supported its decision not to allow credit for acceptance of responsibility.

After Defendants filed timely notices of appeal, this Court granted their motion to consolidate the two cases. As their only issue on appeal, Defendants contend that the district court erred in not awarding them credit for acceptance of responsibility. Finding no reversible error in either case, we affirm.

Discussion

Whether the district court correctly applied the Guidelines is a question of law subject to de novo review. United States v. Howard, 991 F.2d 195, 199 (5th Cir.), cert. denied, — U.S. -, 114 S.Ct. 395, 126 L.Ed.2d 343 (1993). Under U.S.S.G. § 3E1.1, Defendants must prove they are entitled to credit for acceptance of responsibility. Because the district court “is in a unique position to evaluate a defendant’s acceptance of responsibility^]” we review the district court’s underlying factual findings and ultimate determination under a standard even more deferential than clear error. U.S.S.G. § 3E1.1, comment (n. 5); United States v. Brown, 7 F.3d 1155, 1162 (5th Cir.1993).

Section 3El.l(a) of the Guidelines allows a two-point reduction in the total offense level when a defendant “clearly demonstrates acceptance of responsibility for his offense.” U.S.S.G. § 3El.l(a). “The mere entry of a guilty plea, however, does not entitle a defendant to a sentencing reduction for acceptance of responsibility as a matter of right.” United States v. Shipley, 963 F.2d 56, 58 (5th Cir.) (per curiam), cert. denied, - U.S. -, 113 S.Ct. 348, 121 L.Ed.2d 263 (1992). Only a defendant who qualifies for this downward adjustment under section 3El.l(a) may obtain an additional one-point credit under subsection (b). [1] In short, a defendant not awarded a two-point reduction under subsection (a) is ineligible for a single-point reduction under subsection (b). Because, in this case, the court decided not to award either defendant any points for acceptance of responsibility, only subsection (a) is at issue.

Defendants assert that the district court misapplied the Guidelines. In particular, Defendants claim the district court erred as a matter of law in basing its decision in part on Defendants’ criminal history and on the timeliness of their pleas. With respect to the first contention, we agree with Defendants that the district court erred in factoring their prior offenses into its decision not to grant credit for acceptance of responsibility. While the bare fact that Defendants had prior felony convictions is relevant to the calculation of a criminal history category, it has no independent bearing on whether Defendants had accepted responsibility for the crime charged.

The district court’s consideration of an irrelevant factor, however, is “not fatal if there is some other reason to be found that supports” the court’s decision: “We may always affirm a district court’s ruling, made for an invalid reason, if we are shown or can find a valid reason to support the ruling.” United States v. Tello, 9 F.3d 1119, 1128 (5th Cir.1993). Here, we are convinced that the reference to prior convictions, first appearing in the written reasons composed after the sentencing hearing, is no more than an afterthought. The two other factors (timeliness and truthfulness), on the other hand, were the sole expressed bases for the decision at the actual time of sentencing. Because the district court’s decision was independently supported by two other factors, and because we conclude that there is no reasonable possibility that the district court would have granted any credit for acceptance of responsibility had it never considered the previous convictions in that connection, we hold that the court’s post hoc reference to prior eonvie-[*572] The district court’s consideration of an irrelevant factor, however, is “not fatal if there is some other reason to be found that supports” the court’s decision: “We may always affirm a district court’s ruling, made for an invalid reason, if we are shown or can find a valid reason to support the ruling.” United States v. Tello, 9 F.3d 1119, 1128 (5th Cir.1993). Here, we are convinced that the reference to prior convictions, first appearing in the written reasons composed after the sentencing hearing, is no more than an afterthought. The two other factors (timeliness and truthfulness), on the other hand, were the sole expressed bases for the decision at the actual time of sentencing. Because the district court’s decision was independently supported by two other factors, and because we conclude that there is no reasonable possibility that the district court would have granted any credit for acceptance of responsibility had it never considered the previous convictions in that connection, we hold that the court’s post hoc reference to prior eonvie-

Defendants also challenge the district court’s consideration of timeliness. According to Defendants, whether a plea was timely relates only to the one-point award under subsection (b) and cannot relate to the two-point reduction under subsection (a). We disagree. While the terms of subsection (b) mandate consideration of timeliness, the terms of subsection (a) do not forbid it. Indeed, the consideration of timeliness is expressly allowed. The application notes to section 3El.l(a) state, “In determining whether a defendant qualifies under subsection (a), appropriate considerations include, but are not limited to, the following: ... (h) the timeliness of the defendant’s conduct in manifesting the acceptance of responsibility.” [2] We therefore find no error in the district court’s consideration of this factor. [3]

Finally, Defendants contend that the district court committed clear error in concluding, on these facts, that Solis and Diaz had not clearly accepted responsibility. As mentioned earlier, at the sentencing hearing the district court based its decision on both the timeliness and truthfulness of Defendants. With respect to timeliness, both parties agree that Defendants waited until the morning of trial to enter plea negotiations, thereby denying all involvement until almost six months after their arrest. See United States v. Wilder, 15 F.3d 1292, 1299 (5th Cir.1994) (decision not to award credit under section 3El.l(a) based in part on the defendant’s failure to plead guilty until the “eve of trial”). Given this delay, the district court did not err in finding that Defendants were untimely in “manifesting the acceptance of responsibility.”

The court also found that Defendants had failed to acknowledge the full extent of the charged conspiracy. Acceptance of responsibility hinges on a defendant’s “truthfully admitting the conduct comprising the offense(s) of conviction” and demonstrating “ ‘sincere contrition’ regarding the fall extent of ... criminal conduct.” Id. (emphasis added). Diaz and Solis both maintained that Solis knew nothing of the drug transaction before meeting with the Cl. In his written statement, Solis portrayed himself, in the words of the PSR, as an “observer” more than an active participant in a criminal conspiracy. The district court was entitled to discredit this assertion, considering that Solis was the first to approach the Cl at the purchase site and the one whose van contained both the money and the drugs on the way back to Miami. Diaz, too, while acknowledging his intention to drive to New Orleans to purchase drugs, persistently discounted the existence of a conspiratorial agreement with Solis. These facts justify the district court’s finding that Diaz and Solis failed to come clean on the full extent and nature of their charged conspiracy.

[*573] Because these factual determinations are not clearly erroneous, the district court acted well within its broad discretion in concluding that Defendants had failed to demonstrate a clear acceptance of responsibility. Accordingly, Defendants were not entitled to the two points credit under subsection (a) nor, a fortiori, the single point credit under subsection (b).

Conclusion

The judgment of the district court is

AFFIRMED.

1

. A one-point credit under subsection (b) is available if the total offense level is sixteen or greater and if the defendant has either "timely pro-vid[ed] complete information to the government conceming his own involvement in the offense” or timely notified authorities of his intention to plead guilty. U.S.S.G. § 31E.l(b)(l).

2

. In arguing that a district court cannot consider timeliness under subsection (a), Defendants rely on the following portion of United States v. Tello, 9 F.3d 1119 (5th Cir.1993):

“We are unable to read anything into § 3E1.1 or into Tello’s interpretation of it, that 'ties acceptance of responsibility to the timeliness of the entry of the plea.’ To the contrary, the element of timeliness is nowhere to be found in any aspect of the basic 2-level decrease....” Id. at 1127.

Initially we note that, because Tello dealt with section 3E 1.1(b) only, any reference in the opinion to subsection (a) was mere dicta, which we refuse to interpret contrary to the express terms of the application notes to section 3E1.1. In any event, however, this dicta is not inconsistent with our holding today. The passage quoted was in response to the government’s contention that "tieing” acceptance of responsibility to timeliness "would obligate every district court to automatically reduce offense levels by three whenever a prompt guilty plea was made.” Id. at 1127 (citation and emphasis omitted). Recognizing the flaw in this logic, the panel merely pointed out that under subsection (a), unlike subsection (b), timeliness is not an indispensible element of the credit and thus not a factor the court must be governed by.

3

. We do not read the statements of the district court to mean, as Defendants suggest, that a defendant must accept responsibility at the moment of arrest to qualify for credit under section 3El. 1(a). The identified comments of the court at the sentencing hearing reflect a concern not so much with the delay per se but with the reasons for the delay: "To me, acceptance of responsibility is, when you are caught, not until you see that you are in a comer and you don’t have anywhere else to go.” Elsewhere, the court’s comments relate only to the last-minute timing of the pleas.