# UNITED STATES of America, Plaintiff-Appellee, v. Johnny Mateo VANCE, Defendant-Appellant

> Court of Appeals for the Ninth Circuit · August 7, 1995 · 62 F.3d 1152

URL: https://www.frixlaw.com/law-library/cases/9488411

## Case

- **Full name:** 95 Cal. Daily Op. Serv. 6229, 95 Daily Journal D.A.R. 10,612 United States of America v. Johnny Mateo Vance
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** August 7, 1995
- **Citations:** 62 F.3d 1152; 95 Daily Journal DAR 10612; 95 Cal. Daily Op. Serv. 6229; 1995 U.S. App. LEXIS 20702
- **Precedential status:** Published
- **Opinion:** Concurrence by Reinhardt
- **Judges:** Reinhardt, Thompson, Kleinfeld
- **Cited by:** 89 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9488411

## How later opinions describe it (automated extraction)

- holding, under the amended § 3E1.1, that "[i]nsignificant evidence cannot outweigh a plea of guilty before trial, truthful admission of the elements of the offense, and absence of a false denial of technically relevant conduct"
- finding sufficient predicate to undertake a strip search where a traveler was returning from an unusually short trip, showed external signs of intoxication, was wearing cloth- ing inappropriate for the climate, and had a suspicious bulge beneath his clothes
- holding that “exercise of a constitutional right cannot be held against a defendant for purposes of the adjustment, although it may reduce the amount of evidence in his favor”
- noting that directing a suspect to undress amounts to a strip search
- stating that "great deference” is accorded to a district court’s determination of whether a defendant is entitled to the acceptance of responsibility reduction

## Opinion text

REINHARDT, Circuit Judge,
concurring specially.
Because 1 believe that the defendant was denied his right to allocution, I would not reach the issue of acceptance of responsibility. However, were I to do so, I would reach the same result as the majority. For that reason, I concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9488411. Public record. Not legal advice.