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United States Seventh Circuit


US v. Deberry, 09-1111

Sentence for firearms possession is affirmed where government did not err in failing to file a motion under the federal sentencing guidelines which would have entitled defendant to a further sentencing discount for acceptance of responsibility as the the decision to file the motion is under the prosecutor's discretion and there was nothing unreasonable about the government's deciding not to file the motion in this case.

Appellate Information

  • Argued 07/07/2009
  • Decided 08/11/2009
  • Published 08/11/2009

Judges

  • POSNER, Circuit Judge., Before POSNER, KANNE, and SYKES, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellees:
  • Joshua P. Kolar (argued), Nicholas J. Padilla, Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee., Kerry C. Connor (argued), Indiana Federal Community Defenders, Inc., Hammond, IN, for Defendant-Appellant.
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