District court erred by awarding one point sentence reduction for defendant’s acceptance of responsibility

SENTENCING United States v. Lozano, No. 06-1424, ___ F.3d ___ (10th Cir. Jan. 30, 2008)(Colorado). Appeal of sentence for distribution of cocaine base and aiding and abetting in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A). HELD: District court erred by awarding one point sentence reduction for defendant’s acceptance of responsibility under USSG § 3E1.1, and error was not harmless. Section 3E1.1 is all-or-nothing: i.e., zero or two points. Had the district court understood that its choice under § 3E1.1 was either zero points or two points, it may have selected two points with a resulting lower sentence, or the court might have reached the same result through application of discretionary sentencing factors at 18 U.S.C. § 3553(a). Read the opinion here.