United States v. Beattie, No. 18-2197 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to receiving visual depictions of minors engaging in sexually explicit conduct. The court held that the government did not breach the plea agreement by arguing for an obstruction of justice enhancement for defendant's pre-plea conduct, while at the same time adhering to its recommendation for an acceptance of responsibility reduction under USSG 3E1.1; the government's argument in favor of an obstruction of justice enhancement was not synonymous with an argument against an acceptance of responsibility reduction; and the district court did not err by applying a two-level increase for obstruction of justice under USSG 3C1.1 and by denying defendant an acceptance of responsibility reduction.
Court Description: Wollman, Author, with Gruender and Shepherd, Circuit Judges] Criminal case - Criminal law and sentencing. The government did not breach the plea agreement by stating in its objections to the PSR that it would be for the court to decide whether defendant's pre-plea conduct would merit denial of acceptance of responsibility; nor did the government breach the plea when it argued in its sentencing brief for an obstruction of justice enhancement as such an argument is not synonymous with an argument against an acceptance of responsibility reduction and the statement did not breach the government's plea agreement duty to recommend an acceptance of responsibility reduction; no error in applying a two-level increase for obstruction of justice under Guidelines Sec. 3C1.1; no error in denying defendant an acceptance-of-responsibility reduction. Judge Gruender, dissenting. Home | Contact Us | Employment | Glossary of Legal Terms | Site Map | RSS Privacy Policy|BrowseAloud
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