Thursday, October 03, 2013

U.S. v. Haggerty, 2013 WL 5312566 (9/14/13) (Col.) (Published) - The district court refused to grant the government motion for a one level reduction under § 3E1.1(b) because trials are a good thing and should be encouraged not discouraged. This was wrong because the d. ct. was only allowed to consider the relevant factors under § 3E1.1(b), i. e., whether the plea was timely enough to allow the government to avoid preparing for trial and the court to schedule its calendar efficiently. The 10th went on to briefly note how important the guidelines are.