· 2/5/1996
United States v. Michael Dean Byrd
Citations
- 76 F.3d 194
- 1996 U.S. App. LEXIS 1515
- 1996 WL 41601
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the district court may consider even “unrelated criminal conduct in denying an acceptance[-]of[-]responsibility reduction”
- upholding denial of acceptance of responsibility where defendant used marijuana while awaiting a sentence for assault with a dangerous weapon
- § 3E1.1 does not preclude sentencing judge, in exercise of discretion, from considering unlawful conduct unrelated to offense of conviction in determining whether defendant qualifies for acceptance reduction
- § 3E1.1 does not preclude consideration of unlawful conduct unrelated to offense of conviction in determining whether defendant qualifies for acceptance-of-responsibility adjustment; such conduct could shed light on sincerity of defendant’s claims of remorse
- “Guideline § 3E1.1 does not preclude the sentencing judge . . . from considering unlawful conduct unrelated to the offense of conviction in determining whether a defendant qualifies for an adjustment for acceptance of responsibility.”
- defendant bears burden of proof concerning acceptance of responsibility
Source: CourtListener parenthetical corpus (CC0).
Judges: Bowman, Loken, Schwarzer
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.