U.S. v. Henigan

Defendant pleaded guilty to three counts of heroin distribution and appealed from his sentence, challenging the prosecutor’s refusal to move for the extra acceptance-of-responsibility credit where defendant denied a connection to three overdoes deaths that were linked to heroin that he supplied. Defendant argued that a 2013 amendment to the commentary to the sentencing guidelines prohibited the government from withholding the motion based on the defendant’s sentencing objections. The Seventh Circuit affirmed, finding no clear error and noting that it had recently rejected the same argument in a similar case. (HAMILTON and BRENNAN, concurring)