Defendant’s unsuccessful attempts to plead guilty to less than all counts charged do not justify sentence adjustment for acceptance of responsibility
SENTENCING United States v. Martin, No. 07-2090, ___ F.3d ___ (10th Cir. Jun 9, 2008)(New Mexico). Appeal of convictions and sentence for aggravated sexual abuse and assault in Indian Country in violation of 18 U.S.C. §§ 2241(a), 113(a)(3), 113(a)(6), and 1153. HELD: Defendant was not entitled to downward adjustment of sentence for acceptance of responsibility under USSG § 3E1.1 where he was convicted of two counts of brutally assaulting common-law wife and two counts of rape but had attempted to plead guilty to the assault counts and those pleas were rejected because he refused to admit his specific intent in committing the assaults was to cause bodily injury. Read the opinion here. |
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