Conditioning guilty plea on reweighing of drug evidence provides sufficient basis for government refusal to file § 3E1.1(b) downward departure motion

SENTENCING United States v. Blanco, No. 05-4087, ___ F.3d ___ (10th Cir. Oct. 24, 2006)(Utah). Appeal of sentence for possession of cocaine base and marijuana in violation of 21 U.S.C. § 844(a). HELD: Prosecutor’s refusal to file U.S.S.G. § 3E1.1(b) motion recommending one-level downward departure for defendant’s acceptance of responsibility was rationally related to legitimate government end where defendant advised government of his intention to plead guilty but only after drug evidence was reweighed at independent laboratory. Reweighing evidence caused government to expend resources (i.e., FBI agent to package, deliver, and wait with evidence while being tested). Ensuring efficient resource allocation is legitimate government end and is expressly stated purpose of § 3E1.1(b). Accordingly, prosecutor’s decision not to make § 3E1.1(b) motion on behalf of defendant who requests independent reweighing, with its concomitant resource expenditure, is rationally related to that end. Read the opinion here.