United States v. Pons
795 F.3d 745
7th Cir.2015Background
- Pons was charged with wire fraud and equity skimming and released pending trial with passport restrictions.
- He fled the U.S. in January 2013 and travelled internationally for over a year, obtaining a new passport by falsely claiming loss of his old one.
- Pons ultimately turned himself in in Brazil and pleaded guilty to the charged offenses.
- At sentencing the district court added a two-level upward adjustment for obstruction of justice under § 3C1.1 and refused to apply a reduction for acceptance of responsibility under § 3E1.1, sentencing within guidelines to 78 months.
- Pons argued his self-surrender in Brazil, a non-extradition country, rendered his case extraordinary warranting § 3E1.1 relief; the district court rejected this.
- On appeal, the Seventh Circuit affirmed, holding the circumstances did not suffice as extraordinary to credit acceptance of responsibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of § 3E1.1 is clearly erroneous | Pons contends extraordinary circumstances exist | District court authoritatively found no extraordinary circumstances | No clear error; denial affirmed |
| Whether self-surrender in Brazil warrants acceptance of responsibility | Self-surrender in a non-extradition country is extraordinary | Self-surrender does not negate burden of obstruction | Not extraordinary; credit denied |
Key Cases Cited
- United States v. Buckley, 192 F.3d 708 (7th Cir. 1999) (obstruction did not preclude acceptance where deterrence outweighed mitigation)
- United States v. Hacha, 727 F.3d 815 (7th Cir. 2013) (obstruction burdens on government support denial of acceptance)
- United States v. Gonzalez, 608 F.3d 1001 (7th Cir. 2010) (manhunt burdens support denial of acceptance)
- United States v. Lallemand, 989 F.2d 936 (7th Cir. 1993) (distinguishable when obstruction occurs at different times from acceptance)
- United States v. Vizcarra, 668 F.3d 516 (7th Cir. 2012) (guidelines adjustment not incompatible with later acceptance of responsibility)
- United States v. Black, 636 F.3d 893 (7th Cir. 2011) (extraordinary cases for acceptance of responsibility; abuse of discretion standard)