Montas with the use of jail photographs)

because he had exposed himself.

      Deputy Jeffrey Martin, who was called to the jail to investigate, testified that

Michelle Schuette and her sister both told him that Montas had exposed himself

while Montas was in a visitation booth next to where the girls were sitting. The

girls indicated that Montas removed his penis from his pants and began

masturbating. After advising Montas of his Miranda rights, Deputy Martin

discussed the allegations with Montas. Initially, Montas smiled and “shook” his

head in an affirmative manner. But, when Martin stated that the girl was 14 years

old, Montas stopped, said it was not him and explained that he thought Martin was



               pulled his penis out of his pants and masturbated.

Schuette was shown pictures of two men who were in the booth around the same

time, and she thought both looked like the man who exposed himself to her.

However, Schuette stated that she now was sure Montas was the man she saw

masturbating.

      At the close of the evidence, Montas conceded that, under binding precedent,

the district court had the discretion to deny him the acceptance of responsibility

reduction for unrelated criminal conduct, but asked the court not to do so. Montas

argued that the government had not proved by a preponderance of the evidence that

Montas was the inmate who had engaged in the illegal conduct.

      The district court found that the testimony of Catherine