Government’s refusal to file sentence adjustment motion must be rationally related to legitimate government end

SENTENCING United States v. Moreno-Trevino, No. 04-4144, ___ F.3d ___ (10th Cir. Dec. 28, 2005)(Utah). Appeal of sentence for illegal reentry to United States after deportation in violation of 8 U.S.C. § 1326(a). HELD: (1) District court may review government’s refusal to file acceptance of responsibility motion under U.S.S.G. 3E1.1(b) and grant remedy for that refusal if refusal was (a) animated by unconstitutional motive, or (b) not rationally related to legitimate government end. (2) Government plausibly interpreted defendant’s statement to probation officer that he intended to return to United States to see his children to be inconsistent with acceptance of responsibility for offense of illegal reentry and with condition in plea agreement that he remain outside United States unless given express permission to reenter. Accordingly, government’s refusal to file motion for sentence adjustment based on defendant’s acceptance of responsibility was supported by legitimate interest in reinforcing principle within criminal community that prosecutors will file acceptance-of-responsibility motions only for defendants who fully cooperate and intend to abide by their plea agreements, supervised release conditions, and federal law relating to their offenses of conviction. Read the opinion here.