United States v. Delacruz, No. 15-4174 (2d Cir. 2017)Annotate this Case
The Second Circuit vacated defendant's 63 month sentence for conspiracy to commit robbery, holding that the district court denied the acceptance-of-responsibility adjustment under USSG 3E1.1(a) based on clearly erroneous factual findings. In light of a defendant's due process right to contest alleged factual errors in his PSR, his good-faith objection to material PSR statements that he disputes does not provide a proper foundation for denial of the acceptance-of-responsibility credit. In this case, the district court's denial of the credit because it viewed defendant as falsely attempting to minimize his participation in the robbery conspiracy was erroneous.