United States v. Shade, No. 11-1029 (8th Cir. 2011)
Annotate this CaseDefendant pleaded guilty to mail fraud and sentenced to 27 months' imprisonment, to be followed by three years of supervised release. On appeal, defendant argued that the district court erred in denying him a two-level reduction for acceptance of responsibility under U.S.S.G. 3E1.1 because the government failed to prove by a preponderance of the evidence that he recanted his admission to the offense. The court concluded that defendant acted in a manner inconsistent with acceptance of responsibility where he was inconsistent with his prior statements and admissions for accepting bribes in exchange for falsifying inspection reports. Accordingly, the judgment was affirmed.
Court Description: Criminal case - Sentencing Guidelines. District court did not err in denying defendant's request for an acceptance-of-responsibility reduction under Guidelines Sec. 3E1.1, as the record established that defendant had contradicted and recanted his admissions that he had accepted bribes to falsify inspection reports.
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