Circuit Vacates Sentence for Failure to Correctly Apply Acceptance of Responsibility Guideline

By D. Brandon Trice and Harry Sandick on January 9, 2018

In a summary order on January 2, 2018 in United States v. Reyes, the Court vacated and remanded a life sentence as procedurally unreasonable on the ground that the district court failed to properly apply a reduction for acceptance of responsibility under U.S.S.G. § 3E1.1.  The decision reiterates that a three-level reduction is mandatory under certain circumstances if the district court has already imposed a two-level reduction and that the government must formally move for a three-level reduction in order to bind the court’s hands. The third point of acceptance of responsibility under the Guidelines is not a matter of grace or kindness by the district court.  When a defendant is entitled to receive the third point, the district court is obliged to award it.

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