Criminal Practice – Sentencing – Prosecutorial Discretion – Acceptance of Responsibility

U.S. v. Divens In order to qualify for a one-level sentence reduction for acceptance of responsibility, a defendant need only timely notify prosecutors of an intention to enter a guilty plea; departing from a standard adopted by other circuits, the 4th Circuit says a district court erred in denying the sentence reduction when the government made no motion because the defendant refused to sign a plea agreement waiving appeal and post-conviction review.

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North Carolina Lawyers Weekly

Criminal Practice – Sentencing – Prosecutorial Discretion – Acceptance of Responsibility

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