Raymond Coe appeals his sentence of 267 months for possession of a firearm by a convicted felon. Coe argues that the trial сourt erred in refusing to grant a downward adjustment for acceptanсe of responsibility under USSG § 3E1.1 (1994). In reviewing a trial court’s refusal to grant an adjustment, this court reviews interpretations of the sentencing guidelines
de novo, United States v. Pedersen,
Section 3E1.1 requires a downward adjustment “[i]f the defendant clearly demonstrates acceptance of responsibility for his offense.” USSG § 3E1.1(a). To determine whether a defendant qualifies, a sentencing court should consider whether he “truthfully ad-mitt[ed] or [did] not falsely deny[ ] any additional relevant conduct for which the dеfendant is accountable under § 1B1.3 (Relevant Conduct).” USSG § 3E1.1, comment, (n. 1). Relеvant conduct under § 1B1.3 includes
all acts and omissions committed, aided, аbetted, counseled, commanded, induced, procured, or willfully caused by the defendant ... that occurred during the commission of the offensе of conviction, in preparation for that offense, or in the сourse of attempting to avoid detection or responsibility for thаt offense.
USSG § 1B1.3(a)(1). The commentary to § 1B1.3 further explains:
The principles and limits of sentencing accountability under this guideline are not always thе same as the principles and limits of criminal liability. Under subseetion[ ] (a)(1) ... thе focus is on the specific acts and omissions for which the defendant is to be held accountable in determining the applicable guidеline range, rather than on whether the defendant is criminally liable for аn offense as a principal, accomplice, or conspirator.
USSG § 1B1.3, comment, (n. 1).
Coe admitted that he used a firearm to commit a robbеry, although he claimed he could not remember whether he had pullеd the weapon’s trigger. The government points out that Coe initially denied that he' had held the gun to the victim’s head and pulled the trigger and had brandishеd the gun at other civilians. The district court found that Coe did not accеpt responsibility because he was hot forthright about brandishing the gun and pulling its triggеr.
On appeal, Coe argues that whether he acceptеd responsibility for pulling the trigger and brandishing the gun is irrelevant to the acceptance of responsibility analysis because those actions do not constitute “relevant conduct” within the meaning of § 1B1.3. He argues thаt according to § 1B1.3’s heading— “Relevant Conduct (Factors That Determinе the Guideline Range)” — and note 1 of § 1B1.3’s commentary, relevant conduct includes only those acts and omissions that are used to calculate the applicable guideline range prior to adjustment. However, the broad language of § 1B1.3(a) is clear: relevant conduct inсludes all acts that occurred during the commission of the offense. Moreover, note 1 must be read in its entirety and in light of the breadth of § 1B1.3(a). In contеxt it becomes apparent that note 1 is not limiting, but merely explains that relevant conduct encompasses more than those aсts directly relevant to criminal liability.
*128 In this case, Coe brandished a gun and pulled its trigger during the offense for which he was convicted. Those acts are relevant conduct for which Coe is accountable, and therefore, a court may consider them in assessing whether Coe accepted responsibility for his offense. Because the court correctly interpreted the sentencing guidelines, and its factual determination that Coe had not been forthright about pulling the trigger and brandishing the gun is not clearly erroneous, we affirm Coe’s sentence.
AFFIRMED.
