United States v. Palacios, No. 13-40153 (5th Cir. 2014)
Annotate this CaseDefendant appealed his sentence after pleading guilty to reentry of a deported alien. The government withheld an additional one-level reduction under U.S.S.G. 3E1.1(b) for pretrial acceptance of responsibility solely because defendant refused to waive his right to appeal. Amendment 755 to the Sentencing Guidelines became effective after defendant was sentenced but while this appeal was pending. Amendment 755 provides that the government should not withhold a section 3E1.1(b) motion based on interests not identified in section 3E1.1, such as whether the defendant agrees to waive his right to appeal. Concluding that the amended Guidelines applied to this case, the court vacated the sentence and remanded for resentencing.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.