U.S. v. Davis

Dist. Ct. did not err in sentencing defendant to 18-month term of incarceration on charge of making false statement to gun dealers where said sentence was based, in part, on fact that prosecutor declined to move for third-level reduction of offense level under 3E1.1(b) of USSG arising out of defendant’s guilty plea. While defendant received two-level reduction, prosecutor could refuse to move for third-level reduction where, as here, defendant refused prosecutor’s request to waive any appeal. Ct. rejected defendant’s contention that motion for third-level reduction was mandatory whenever defendant’s guilty plea comes early enough to spare prosecutor burden of trial preparation, after noting that under Deberry, 576 F3d 708, prosecutor may withhold instant motion for any reason that does not violate Constitution.