Does 3E1.1 allow a judge to weigh against a defendant's exercise of constitutional or statutory rights?

7 We have recently stated that "3E1.1 does not allow the judge to weigh against the defendant's exercise of constitutional or statutory rights." United States v. LaPierre, 998 F.2d 1460, 1467 (9th Cir.1993) (quoting United States v. Rodriguez, 959 F.2d 193, 197 (11th Cir.1992), cert. denied, --- U.S. ----, 113 S.Ct. 649, 121 L.Ed.2d 563 (1992); see also United States v. Watt, 910 F.2d 587, 592 (9th Cir.1990). However, denial of a reduction is appropriate even when the lack of establishing evidence results from the exercise of a constitutional right. See LaPierre, 998 F.2d at 1468.