District court did not abuse discretion in denying defendant’s application to file untimely motion for acceptance of responsibility sentence reduction

SENTENCING United States v. Eastteam, No. 05-5000, ___ F.3d ___ (10th Cir. Oct. 20, 2005)(N.D. Oklahoma). Appeal of district court’s denial of defendant’s unopposed application to file out of time motion seeking third-level reduction in sentence for acceptance of responsibility under U.S.S.G. § 3E1.1(b). HELD: (1) District court did not abuse discretion in denying defendant’s unopposed application to file out of time motion for third-level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1(b) where defendant was on notice through presentence report that Government would not seek reduction and defendant not object. District court did not deny application to penalize defendant for filing non-frivolous motion to suppress. Rather, district court denied application to penalize defendant for not filing timely objection to presentence report. (2) Because defendant did not argue in district court that his failure to timely file application was due to excusable neglect, argument was not preserved and therefore would not be considered on appeal. Read the opinion here.