United States v. Mount, No. 11-2616 (7th Cir. 2012)
Annotate this CaseDefendant disappeared while on release awaiting trial on a charge of possession of a gun by a felon, 18 U.S.C. 922(g)(1). He was captured nearly three months later and pleaded guilty two weeks before his trial date. At sentencing, the district court granted him a two-level reduction for acceptance of responsibility, U.S.S.G. 3E1.1(a). In keeping with the plea agreement, the government moved for an additional one-level reduction, because it was satisfied that he had given timely notice of intent to plead guilty. The district court denied that motion, however, citing defendant's flight. The Seventh Circuit remanded, holding that the additional one-level reduction is mandatory once the government determines that the U.S.S.G. 3E1.1(b) criteria are satisfied and makes the necessary motion. The court could have imposed a higher sentence by other means.
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