United States v. Adair, No. 20-1463 (3d Cir. 2022)
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For several years, Adair sold prescription opioid pills in Pittsburgh. She pleaded guilty to a 10-count indictment. At sentencing, the court increased her offense level by four points for being an organizer or leader of extensive criminal activity, U.S.S.G. 3B1.1(a). Although Adair timely pleaded guilty, the government did not move for a one-point reduction for acceptance of responsibility, section 3E1.1(b). The district court calculated Adair’s Sentencing Guidelines range as 188-235 months and granted a downward variance so that Adair received a 168-month prison term for the longest of her concurrent sentences.
The Third Circuit affirmed, upholding the imposition of a four-point increase for the organizer-leader enhancement and rejecting an argument that the court should have compelled the government to move for a one-point reduction for acceptance of responsibility.
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