Appellate Law

CA1: government has all the power under 3E1.1(b)

By S. COTUS

US v. Beatty, No. 06-2481.  While the proceedings below are pretty interesting, this comes down to a question of whether the government has discretion to move for a § 3E1.1(b) (responsibility) (as opposed to (a)) reduction for acceptance of responsibility. The defendant was a veteran, but people don?t really care.

The First holds that under the Prosecutorial Remedies and Tools Against the Exploitation of Children Today Act of 2003 ("PROTECT Act"), Pub. L. No. 108-21, 117 Stat. 650 (2003); a reduction under (b) is contingent on the government?s filing.  The First then tries to say that this view doesn?t actually restrict any rights.  Whatever.

Full post as published by Appellate Law and Practice on August 12, 2008 (boomark / email).