United States v. Hollis, No. 15-5246 (6th Cir. 2016)
Annotate this CaseHollis pleaded guilty to conspiracy to obtain firearms through fraudulent means and to being a felon in possession of a firearm, 18 U.S.C. 924(a)(1)(A); 922(g)(1). He was indicted on seven counts. The matter was severed into two tracks. The pretrial and discovery order advised that any motion for rearraignment must be filed at least two days before pretrial in order to avoid losing credit for acceptance of responsibility under the United States Sentencing Guidelines. Hollis moved for rearraignment one day after the deadline (13 days before trial) in Track 1 and 22 days after the deadline (a month before trial) in Track 2. At sentencing, Hollis objected to the PSR’s failure to credit him with the two-level reduction permitted under U.S.S.G. 3E1.1(a). Th court declined to grant the reduction, reasoning that the delay in moving for rearraignment wasted time and resources, and imposed a 168-month sentence. The Sixth Circuit vacated; the court focused exclusively on the preparatory work completed in anticipation of trial and did not find that the lateness of Hollis’s plea indicated that his acceptance of responsibility was not genuine. The paramount factor in determining eligibility for section 3E1.1 credit is whether the defendant truthfully admits the conduct comprising the offense or offenses of conviction.
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