U.S. v. Robinson

Dist. Ct. erred in sentencing defendant to 188-month term of incarceration on unlawful possession of firearm charge, where said sentence was based, in part, on Dist. Ct. revoking defendant’s three-point reduction in offense level for acceptance of responsibility that it had earlier granted to defendant, after defendant had repeated his counsel’s unsuccessful argument that Sentencing Guidelines calculation had improperly double-counted his past convictions, and after defendant had attempted to mitigate his conduct by explaining circumstances surrounding his arrest. Ct. rejected Dist. Ct.’s belief that defendant had falsely denied or frivolously contested relevant conduct, since Dist. Ct. cited only to defendant’s legal arguments. Moreover, record otherwise did not support contention that defendant had disclaimed responsibly for his criminal conduct, where defendant’s explanation that he only attempted to keep firearm off street was only argument in mitigation of seriousness of offense. Result is same, even if defendant was legally wrong that Dist. Ct. had erroneously double-counted his past convictions when calculating his guidelines range.