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District court is powerless to grant the third point absent a § 3E1.1(b) motion by the Government, even where bad faith alleged.

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

In United States v. Drennon, No. 06-3399 (E.D.Pa 02/20/08), Drennon was charged with bank robbery and, prior to trial, challenged the constitutionality of an identification made by one of the bank tellers. After the suppression hearing, the motion was denied. As a result, Drennon entered guilty plea without an agreement one month prior to trial. At sentencing, Drennon received a two point reduction for acceptance of responsibility under § 3E1.1(a). Drennon moved, however, for the additional third point but the Government refused to file a motion § 3E1.1(b). "The Government argued that the large amount of work to prepare for trial had been done in connection with the suppression hearing." The district court then determined it could not grant the third point without such a motion from the Government...continue to full post

Full post as published by Third Circuit Blog on February 27, 2008 (boomark / email).