Whether a circuit court errs by affirming a district court's decision regarding the applicability of the United States Sentencing Guidelines based on the circuit court's own independent factual findings

QUESTION PRESENTED Pursuant to a Plea Agreement, Dr. Rand pled guilty to one count of involuntary manslaughter in violation of 18 U.S.C. § 1112(a) and one count of distribution of a controlled substance in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 21 C.F.R. § 1806.04. At sentencing, the District Court found that Dr. Rand was not entitled to a two-level reduction in his offense level for acceptance of responsibility under U.S.S.G. § 3E1.1(a). On appeal, the Ninth Circuit affirmed the District Court decision based on its own independent factual findings. Dr. Rand presents the following question to this Court: Whether a circuit court errs by affirming a district court’s decision regarding the applicability of the United States Sentencing Guidelines based on the circuit court’s own independent factual findings.