United States v. Alvarez
2013 U.S. App. LEXIS 20018
10th Cir.2013Background
- Alvarez was charged with possession with intent to distribute methamphetamine and conspiracy to distribute; he pled guilty to the possession count but went to trial on the conspiracy count.
- At trial, informant Padron, Alvarez, Herrera, and Mario Alvarez participated; 436.5 grams of meth were seized in a staged transaction.
- Alvarez admitted possession but argued there was no agreed conspiratorial plan, contesting the conspiracy element at issue.
- The district court denied a U.S.S.G. § 3E1.1 acceptance-of-responsibility reduction; Alvarez was sentenced to 210 months concurrent on each count.
- The issue on appeal is whether § 3E1.1 could still apply after trial where the defendant contests the factual element of conspiracy but admits others.
- The panel held the § 3E1.1 reduction was unavailable as a matter of law because Alvarez never accepted responsibility for the conspiracy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 3E1.1 applies after trial when defendant denies the conspiracy element | Alvarez argues the reduction should be available in rare circumstances where he admitted facts showing conspiracy. | Alvarez contends the reduction is categorically unavailable because he did not accept conspiracy. | Reduction unavailable as a matter of law. |
Key Cases Cited
- United States v. Gauvin, 173 F.3d 798 (10th Cir. 1999) (rare exception after trial for §3E1.1)
- United States v. Sims, 428 F.3d 945 (10th Cir. 2005) (approved §3E1.1 after trial when contesting only intent)
- United States v. Tom, 494 F.3d 1277 (10th Cir. 2007) (contested factual element of intent; ineligible for §3E1.1)
- United States v. Broce, 488 U.S. 563 (1989) (core of conspiracy is an agreement)
- United States v. Lozano, 514 F.3d 1130 (10th Cir. 2008) (discourages broad application of §3E1.1 after trial)
- United States v. McKinney, 15 F.3d 849 (9th Cir. 1994) (admissions can support acceptance of responsibility for conspiracy)
- United States v. Mitchell, 113 F.3d 1528 (10th Cir. 1997) (requirement of recognition and affirmative acceptance of responsibility)