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Tenth Circuit Decisions

By Shari Allison

U.S. v. Lozano, 2008 WL 241119 (1/30/08) (Published) - A mildly helpful case for an acceptance of responsibility reduction after going to trial. Despite the defendant's assertion in her opening brief that the 10th should review only for plain error her challenge to the one-level acceptance of responsibility reduction, the 10th, in accordance with the government's concession, reviewed for harmless error. The defendant's request for a two-level reduction under § 3E1.1 preserved the issue. As 10th precedent has already established, a sentencing court can only give two levels or no levels under § 3E1.1. The error was not harmless because the district court may very well have chosen the two-level reduction, had it known it could not reduce by only one level...continue to full post

Full post as published by Tenth Circuit Blog on February 06, 2008 (boomark / email).