United States v. Marroquin

U.S. Court of Appeals for the First Circuit

United States v. Marroquin

Opinion

UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ____________________ No. 97-1653 UNITED STATES, Appellee, v. WILLY MARROQUIN, a/k/a WILLY ADOLFO MARROQUIN MENDEZ, Defendant, Appellant. ______________________ APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF RHODE ISLAND [Hon. Francis J. Boyle, Senior U.S. District Judge] ____________________ Before Stahl, Circuit Judge, Campbell, Senior Circuit Judge, and Lynch, Circuit Judge. ____________________ Bruce Green for appellant. Margaret E. Curran, Assistant United States Attorney, with whom Sheldon Whitehouse, United States Attorney, and Stephanie S. Browne, Assistant United States Attorney, were on brief for appellee. ____________________ February 17, 1998 ____________________CAMPBELL, Senior Circuit Judge. This appeal is from the district court's confirmation of defendant's sentence following this court's previous remand directing it to reconsider that sentence. Defendant-appellant Willy Marroquin insists that the district court continues to err by denying him a one-level decrease pursuant to United States Sentencing Commission Guidelines Manual ("U.S.S.G.") § 3E1.1(b)(2). The 1. U.S.S.G. § 3E1.1(b) of the Guidelines requires a court to decrease by one level a defendant's offense level if: [the defendant] qualifies for a decrease under subsection (a) [by clearly demonstrating acceptance of responsibility for his offense], the offense level determined prior to the operation of subsection (a) is level 16 or greater, and the defendant has assisted authorities in the investigation or prosecution of his own misconduct by: (1) timely providing complete information to the government concerning his own involvement in the offense; or (2) timely notifying authorities of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the court to allocate its resources efficiently. -2-

Reference

Status
Published