United States First Circuit

In this case, defendant pleaded guilty to conspiracy to import over five kilograms of cocaine into the United States and conspiracy to distribute over five kilograms of cocaine. Defendant now appeals his sentence. The denial of a mitigating role adjustment is affirmed, the denial of a second-tier acceptance of responsibility adjustment is vacated, and the case is remanded with directions to vacate the sentence and conduct a new sentencing hearing, where: 1) the denial of a mitigating role-in-the-offense adjustment was proper, as defendant's role in the conspiracy was not minor, and he was present for the planning of the scheme and deeply involved in its execution; and 2) the district court's conclusion that it lacked discretion to grant the requested acceptance of responsibility adjustment without a government motion overlooked the US v. Beatty exception, and was thus incorrect as a matter of law.

Appellate Information

• Decided 04/01/2015
• Published 04/01/2015

Judges

• Selya

Court

• United States First Circuit

Counsel