United States v. Byrd

Summary

In an unpublished summary order, the Second Circuit affirmed a 36-month sentence for felon-in-possession (18 U.S.C. § 922(g)(1)), holding that the district court did not clearly err in denying a two-level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1. Despite the defendant's cooperative behavior during a traffic stop, pre-trial attempts to plead guilty (which foundered due to a miscalculated base offense level), and his decision not to present a defense at trial, the district court's factual determination that he did not "clearly demonstrate[] acceptance of responsibility" was entitled to great deference and was not without foundation. The court noted that while a defendant may in rare circumstances go to trial and still qualify for the reduction—e.g., to preserve a constitutional challenge—Byrd's conduct at trial, including his attorney's cross-examination disputing possession, undermined any claim of acceptance.

Holdings

1. The district court's determination that Byrd did not adequately accept responsibility was not clearly erroneous.

Questions Presented

1. Whether the district court clearly erred in denying a two-level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1.

Disposition

affirmed