United States Fifth Circuit

A defendant is not entitled to a decrease under U.S.S.G. section 3E1.1(b) unless the Government files a motion requesting the adjustment. A sentence for possession with intent to distribute marijuana is affirmed over a challenge to the district court's refusal to grant him an additional one-level decrease under U.S.S.G. section 3E1.1(b) after the government failed to move for the reduction based on defendant's refusal to waive his right to appeal.

Appellate Information

• Decided 01/22/2008
• Published 01/23/2008

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before HIGGINBOTHAM, DAVIS and SMITH, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Reynaldo Padilla Morin, Lufkin, TX, for U.S., Kenneth Robert Hawk, II, Amy R. Blakock, Asst. Fed. Pub. Def., Tyler, TX, for Newson.