United States v. Torres-Rivas, No. 15-1685 (8th Cir. 2016)
Annotate this CaseDefendant pled guilty to conspiracy to distribute methamphetamine and subsequently appealed, arguing that the government violated the plea agreement. The court concluded that the language of the plea agreement permitted the government to argue against an acceptance of responsibility reduction. The court further concluded that the district court did not abuse its discretion by denying defendant's request for acceptance of responsibility where defendant sent threatening letters to cooperating codefendants and defendant denied relevant conduct by multiple objections to the PSR. Accordingly, the court affirmed the judgment.
Court Description: Benton, Author, with Wollman and Shepherd, Circuit Judges] Criminal case - Criminal law and sentencing. Given the provisions of the plea agreement, the government did not breach the plea agreement by not arguing for an acceptance-of-responsibility reduction; district court did not abuse its discretion by denying acceptance of responsibility where defendant threatened cooperating defendants and denied relevant conduct.
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