· 11/30/1995
United States v. Jesus Rhadames Deleon-Rodriguez, Jesus Rhadames Deleon-Rodriguez
Citations
- 70 F.3d 764
- 1995 U.S. App. LEXIS 33417
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that § 1326(a) “sets out the elements of the offense” as “arrest, deportation, and re-entry”
- explaining that a downward departure for acceptance of responsibility “is generally not meant to apply to a defendant who puts the government to its burden of proof at trial”
- explaining that “the determination of the sentencing judge is entitled to great deference on review” because “[t]he sentencing judge is in a unique position to evaluate a defendant’s acceptance of responsibility” (internal quotation omitted)
- affirming denial of § 3E1.1(a) reduction where the defendant contested his factual guilt at trial by testing the government’s evidence, including challenging the accuracy and credibility of its witnesses
- district court did not commit plain error by denying acceptance reduction where appellant's pre-trial statement to investigators stopped short of a full confession
- clear acceptance of responsibility is a factual question for the sentencing court
Source: CourtListener parenthetical corpus (CC0).
Judges: Scirica, Cowen, Roth
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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