United States Fourth Circuit

Sentencing of defendant upon a plea conviction of possession with intent to distribute cocaine is vacated because the district court erred in failing to compel the Government to move for the section 3E1.1(b) reduction where the sole basis for the Government's refusal to move for an additional one-level reduction for acceptance of responsibility was defendant's declination to sign an agreement waiving certain rights to appellate review and collateral attack.

Appellate Information

• Decided 07/05/2011
• Published 07/05/2011

Judges

• MOTZ

Court

• United States Fourth Circuit

Counsel