United States v. Mackety, No. 09-2148 (6th Cir. 2011)
Annotate this CaseDefendant entered a plea of guilty to three counts sexual abuse of his minor step-daughter (18 U.S.C. 2242) in exchange for dismissal of seven other counts. The district court granted a two-level reduction for acceptance of responsibility, departed upward by one criminal-history category, and varied upward from the 188- to 235- month advisory guidelines range, imposing a 300-month sentence. The Sixth Circuit vacated and remanded on grounds of procedural unreasonableness. The district court policy that a defendant who waited until the final pretrial conference to plead guilty could not receive the one-level reduction in offense level described in the guidelines usurped the discretion granted by Congress and was contrary to a policy favoring individual consideration.
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