United States v. Palacios

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Defendant appealed his sentence after pleading guilty to reentry of a deported alien. The government withheld an additional one-level reduction under U.S.S.G. 3E1.1(b) for pretrial acceptance of responsibility solely because defendant refused to waive his right to appeal. Amendment 755 to the Sentencing Guidelines became effective after defendant was sentenced but while this appeal was pending. Amendment 755 provides that the government should not withhold a section 3E1.1(b) motion based on interests not identified in section 3E1.1, such as whether the defendant agrees to waive his right to appeal. Concluding that the amended Guidelines applied to this case, the court vacated the sentence and remanded for resentencing. View "United States v. Palacios" on Justia Law