Defendant who contests intent element of crime at trial is ineligible for acceptance of responsibility sentence reduction
SENTENCING United States v. Tom, No. 05-2347, ___ F.3d ___ (10th Cir. Aug 1, 2007)(New Mexico). Government appeal of defendant’s sentence for aiding and abetting second-degree murder. HELD: District court erred in granting sentence reduction for defendant’s acceptance of responsibility under USSC § 3E1.1. Because defendant insisted on proceeding to trial and, in so doing, contested factual element of intent as basis for acquittal, he was ineligible for § 3E1.1 reduction for acceptance of responsibility. Read the opinion here. |
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