U.S. v. Orona

Defendant pleaded guilty prior to trial to multiple charges, including mail theft, identify theft, and other crimes stemming from a mail theft scheme. The district court awarded defendant a two-level sentencing reduction for entering a timely guilty plea but denied defendant’s request for a one-level reduction that could be granted for defendant’s acceptance of responsibility if it saved prosecutorial and court resources and defendant appealed. The Seventh Circuit affirmed, noting that the one-level reduction can only be granted if the government requests it by filing a motion and, as a result, the guideline vests the government and not the court with the authority to determine whether the conditions for the additional one-level reduction were met. (FLAUM and KANNE, concurring)