U.S. v. Mount

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 11-2616
Decision Date: 
April 12, 2012
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Vacated and remanded
Dist. Ct. erred in sentencing defendant to 100-month term of incarceration on unlawful possession of firearm charge, where Dist. Ct. improperly denied prosecutor's motion for defendant to receive additional one-level reduction under section 3E1.1(b) of USSG based upon defendant's acceptance of responsibility arising out of entry of his guilty plea. Dist. Ct. was required to grant said motion once it found that defendant was entitled to two-level reduction for acceptance of responsibility under section 3E1.1(a) of USSG, and where defendant's offense level was greater than 16. However, on remand, Dist. Ct. will be free to consider relevant factors under section 3553(a) to fashion reasonable sentence that can include consideration of defendant's flight from jurisdiction for three-month period while on release awaiting scheduled trial.