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Where "acceptance of responsibility" outer limits meets the sentencing twilight zone

By Douglas A. Berman

A new Tenth Circuit opinion in US vs Lozano, No. 06-1424 (10th Cir. Jan. 30, 2008) (available here) makes it hard not to recall classic sci-fi television shows like "The Outer Limits" and "The Twilight Zone."  (Perhaps I should do a podcast about Lozano to honor this famous opening: "There is nothing wrong with your sentencing instincts. Do not attempt to adjust the guidelines. We are controlling calculations.")  Here is the opening paragraph of an interesting opinion in Lozano, which is principally about the application of the guidelines' provisions on acceptance of responsibility:Cecilia Lozano, convicted of two drug counts, but acquitted of a drug conspiracy charge, essentially argues that, due to the district court?s technical sentencing error, she was entitled to more consideration for acceptance of responsibility than she received...continue to full post

Full post as published by Sentencing Law and Policy on January 31, 2008 (boomark / email).