United States Ninth Circuit

The proper standard for a district court-s review of a prosecutor-s decision not to file a motion for a reduction for acceptance of responsibility under U.S. Sentencing Guidelines section 3E1.1(b) is the same standard for review of a decision to file a substantial assistance motion: the government may not refuse to file a motion on the basis of an unconstitutional motive or for reasons not rationally related to a legitimate government interest.

Appellate Information

• Argued 04/07/2006
• Decided 08/08/2006
• Published 08/08/2006

Judges

• MILLER, District Judge:, Before:  THOMPSON and CALLAHAN, Circuit Judges, and MILLER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Josh Cohen, Assistant Federal Public Defender, San Francisco, CA, for the defendant-appellant., Robert David Rees, Assistant United States Attorney, San Francisco, CA, for the plaintiff-appellee.