United States v. D'Angelo, 802 F.3d 205

D'Angelo robbed a bank in Maine disguised as a woman; he obtained $1,298 and fled with an accomplice, Jennica Miller, who placed distracting 9-1-1 calls.
Evidence (surveillance, items found roadside, Miller's DNA on clothing) tied D'Angelo to the robbery; police later arrested him and charged him with bank robbery.
After arrest, D'Angelo engaged in multiple jail disciplinary incidents (contraband, threats, refusal to comply, a later sex incident after his plea) and sent letters to Miller urging deception and perjury.
He pleaded guilty, admitted most facts but denied recalling or possessing the screwdriver alleged to have been used as a weapon; the PSR applied an obstruction enhancement and denied a § 3E1.1 acceptance-of-responsibility reduction.
The district court found by a preponderance that D'Angelo possessed and displayed the screwdriver, sustained the obstruction enhancement (based on letters to Miller), denied the § 3E1.1 reduction, but granted an equivalent two-level variance credit leading to a 180-month sentence (below the Guideline range).
On appeal, D'Angelo challenged only the denial of the § 3E1.1 acceptance-of-responsibility reduction; the First Circuit affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether denial of a § 3E1.1 acceptance-of-responsibility reduction was lawful given an obstruction-of-justice enhancement	Government: Obstruction and false denial of relevant conduct undermine acceptance credit	D'Angelo: He unambiguously accepted responsibility by pleading guilty and ceased criminal activity at plea	Affirmed: Court found obstruction and false denial of relevant conduct; no clear error in denying § 3E1.1 credit
Whether pre-plea or post-indictment misconduct may be considered in assessing acceptance of responsibility	Government: Court may consider post-indictment conduct (before or after plea) bearing on sincerity	D'Angelo: Conduct before plea should not bar acceptance credit	Affirmed: First Circuit precedent permits consideration of post-indictment misconduct regardless of timing relative to the plea

United States v. Jordan, 549 F.3d 57 (1st Cir.) (district court may consider post-indictment conduct in assessing acceptance credit)
United States v. Maguire, 752 F.3d 1 (1st Cir.) (burden on defendant to prove an "extraordinary" case allowing acceptance credit despite obstruction)
United States v. Franky-Ortiz, 230 F.3d 405 (1st Cir.) (guilty plea does not automatically entitle defendant to § 3E1.1 credit)
United States v. McLaughlin, 378 F.3d 35 (1st Cir.) (candor and genuine remorse required for acceptance credit; post-charge misconduct may undermine sincerity)
United States v. Royer, 895 F.2d 28 (1st Cir.) (standard of review for contested factual findings at sentencing)