Offer to plead to lesser included offense and admissions at trial do not automatically entitle defendant to acceptance of responsibility adjustment

SENTENCING United States v. Collins, No. 07-7018, ___ F.3d ___ (10th Cir. Jan. 4, 2008)(E.D. Oklahoma). Appeal of sentence for possession of cocaine and marijuana in violation of 21 U.S.C. § 844(a). HELD: Where defendant was charged and tried for possession of cocaine and marijuana with intent to distribute, but was convicted of lesser included offense of simple possession, district court did not err by denying defendant’s request for acceptance of responsibility adjustment because defendant had offered to plead guilty to lesser included offense of simple possession and admitted facts of simple possession at trial. Defendant failed to show that district court committed clear error by denying adjustment. When all facts of case were taken together, district court could reasonably have concluded that defendant’s pretrial offer to plead guilty and his admissions at trial were strategic; not evidence of true acceptance of responsibility. Read the opinion here.