Acceptance of responsibility levels under § 3.E1.1 of the federal sentencing guidelines.

San Diego Criminal Defense Lawyer

Wilke contends that the district court erred by denying him the adjustment solely because of the time and money the Government spent before and at trial. According to Wilke, § 3.E1.1(a) of the Guidelines focuses only on whether, in its words, “the defendant clearly demonstrates acceptance of responsibility for his offense,” not on whether he saves Government resources. Saving the Government resources is, rather, the basis for a separate 1-point reduction under § 3E1.1(b).

Whether USSG § 3.E1.1(a) permits consideration of the Government’s
expenditure of resources is a legal question this Court reviews de novo. United States v. Dixon, 984 F.3d 814, 818 (9th Cir. 2020). We conclude that it does not. We are persuaded by the Sixth Circuit’s reasoning in United States v. Hollis, 823 F.3d 1045 (6th Cir. 2016), where it determined that USSG § 3.E1.1(a) is “[b]y its plain terms . . . focused only on whether the defendant ‘clearly demonstrates acceptance of responsibility,’ while subsection (b) . . . is focused only on whether the defendant[] . . . permit[s] the government to avoid preparing for trial and permit[s] the government and the court to allocate their resources efficiently.” Id. at 1048 (quotations omitted). Considering the Government’s expenditure of resources under subsection (a) risks rendering “parts of § 3E1.1(b) superfluous,” because “[i]f waste of government resources could be a basis for denying the two-level decrease under subsection (a), then there would never be a situation where a defendant would qualify for the decrease under subsection (a) but then be denied the additional decrease under subsection (b) for the reason that his or her late-in-time guilty plea caused the government to waste resources preparing for trial.” Id.

Full case here: USA V. JUSTIN WILKE,

Anton Vialtsin, Esq.
LAWSTACHE™ LAW FIRM | Criminal Defense and Business Law
(619) 357-6677

Do you want to buy our Lawstache merchandise? Maybe a t-shirt?

Want to mail me something (usually mustache related)? Send it to 185 West F Street, Suite 100-D, San Diego, CA 92101

Want to learn about our recent victories?

Are you are a Russian speaker? Вы говорите по-русски?

Based in San Diego, CA
Licensed: California, Nevada, and Federal Courts

The San Diego-based business litigation and criminal defense attorneys at LAWSTACHE™ LAW FIRM are experienced and dedicated professionals singularly focused on one goal: achieving the best results for our clients. Through our hard work and expertise, we guarantee all of our clients that we will diligently protect their rights and zealously pursue justice. Our clients deserve nothing less!

Our office is conveniently located in downtown San Diego at 185 West F Street, Suite 100-D.

You can reach our office by calling (619) 357-6677.

CJA Panel Attorney | ★★★★★ Reviews | Affordable Payment Plans | California State Courts | Federal Courts

San Diego Criminal Defense | Chula Vista Criminal Defense | Vista Criminal Defense | El Cajon Criminal Defense

Si usted habla espanol

We are available to take appointments on weekdays and weekends. We accept all major credit cards.

Lawstache YouTube Channel