United States v. Garcia-Carrillo

Defendant pled guilty to illegal reentry and was sentenced to 89 months of imprisonment. Because defendant refused to waive his right to appeal, the Government declined to move for a one-level reduction for acceptance of responsibility under U.S.S.G. 3E1.1(b). After sentencing, and while his appeal was pending, the Sentencing Commission amended the commentary to U.S.S.G. 3E1.1(b), which now instructs prosecutors not to withhold such motions on the basis of defendant's failure to waive his appellate rights. The court affirmed the sentence because even assuming that Amendment 775 should be considered on appeal, defendant's substantial rights have not been affected. The court declined to follow the First Circuit's decision, which remanded an appeal for resentencing in light of a post-sentencing amendment despite the fact that the amendment was substantive and not clarifying. Accordingly, the court affirmed the judgment of the district court. View "United States v. Garcia-Carrillo" on Justia Law