Appellate Law

CA1: Drinking and driving isn?t accepting responsibility

By S. COTUS

U.S. v. Jordan, No. 08-1432 (12/5/08). The defendant committed some criminal acts while out on bail ? namely drinking and driving. At sentencing, the District Court denied an offense level reduction under § 3E1.1 based on his putative acceptance of responsibility. Selya sees no problem with it, because, well, the defendant ?didn?t care? about his bail conditions which includes not being a criminal, and Selya points to the fact that the defendant didn?t cease all criminal activity but continued to act like a poor person and went into bars with his buddies. In the future I would advise his ilk to get wasted at the firm picnic and have the office manager call a car service.

For the opposing view, see The Pietasters.

Full post as published by Appellate Law and Practice on December 08, 2008 (boomark / email).