United States v. Chu, No. 12-3120 (2d Cir. 2013)
Annotate this CaseDefendant's criminal conduct involved selling various drugs to a confidential source working with the DEA. The central issue raised on appeal was whether the district court erred in concluding that defendant was not entitled to a sentence reduction for acceptance of responsibility pursuant to U.S.S.G. 3E1.1. Although defendant pleaded guilty to his drug conspiracy charge in a timely fashion, he also attempted to smuggle drugs into a detention center after his plea but prior to his sentencing. Such conduct was inconsistent with accepting responsibility, and the district court was therefore well within its discretion in denying defendant a reduction in his sentence on that basis. The court also concluded that defendant's sentence was otherwise procedurally and substantively reasonable. Accordingly, the court affirmed the judgment.
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