· 8/9/1999
United States of America, Appellant/cross-Appellee v. Dustin Lee Honken, Appellee/cross-Appellant
Citations
- 184 F.3d 961
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that mere cessation of obstructive conduct coupled with guilty plea do not make case extraordinary for purposes of U.S.S.G. § 3E1.1
- noting that what is extraordinary has no \magic formula\ and is instead determined based on totality of circumstances
- suggesting that a case is not extraordinary where defendant attempted to avoid electronic monitoring and kill a witness while on pretrial release
- noting that an obstructive defendant must “do more than merely cease obstructive conduct and plead guilty to the underlying offense to earn a downward adjustment for acceptance of responsibility”
- noting that an obstructive defendant must “do more than merely cease obstructive conduct and plead guilty to the underlying offense to earn a downward adjustment for acceptance of responsibility”
- holding defendant was not entitled to acceptance-of-responsibility reduction, even though he pleaded guilty and engaged in no obstructive conduct after pleading guilty, because defendant pursued pre-plea obstructive conduct “in a purposeful and methodical way”
Source: CourtListener parenthetical corpus (CC0).
Judges: McMillian, Gibson, Hansen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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