Defendant who opts for trial may be denied sentence reduction for acceptance of responsibility despite admitting culpability at trial

SENTENCING United States v. Aguayo-Gonzalez, No. 05-2349, ___ F.3d ___ (10th Cir. Jan. 3, 2007)(New Mexico). Appeal of convictions for (1) illegal reentry to United States after conviction of aggravated felony; (2) making false citizenship claim; and (3) assaulting federal officer in violation of 8 U.S.C. § 1326(a) and (b)(2), 18 U.S.C. § 911, and 18 U.S.C. § 111. HELD: Defendant’s sentence within applicable guidelines range was reasonable because it did not violate mandate in 18 U.S.C. § 3553(a) that court “avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct.” Sentencing guideline range was properly calculated by excluding acceptance of responsibility reduction points. Despite fact that defendant made certain inculpatory admissions at trial, by opting for trial on all charged counts, defendant was more similarly situated to someone who contested all charges against him than to someone who entered guilty pleas on all charges and thereby accepted responsibility in timely manner. Read the opinion here.