United States v. Shade
2011 U.S. App. LEXIS 23719
| 8th Cir. | 2011Background
- Shade pled guilty to mail fraud; district court sentenced him to 27 months with three years’ supervised release.
- Plea agreement contemplated a three-level reduction for acceptance of responsibility under § 3E1.1, but allowed loss of the reduction for post-plea conduct.
- FBI/IRS interviews in 2008 and 2010 revealed admissions then recantations regarding the offense.
- PSR initially denied acceptance based on January 2010 denial, later amended to grant acceptance after November 2010 statement.
- At sentencing, the court denied the § 3E1.1 reduction due to inconsistency between prior admissions and later recantations, citing the overall conduct.
- The court affirmed denial on appeal, holding no clear error in the denial of acceptance of responsibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of the reduce for acceptance of responsibility was clear error | Shade argues government failed to prove recantation by preponderance | Shade contends PSR evidence is not admissible to prove recantation | No clear error; district court properly denied the reduction |
Key Cases Cited
- United States v. Ayala, 610 F.3d 1035 (8th Cir. 2010) (burden on defendant to prove acceptance of responsibility; standard deferential to district court)
- United States v. Lee, 625 F.3d 1030 (8th Cir. 2010) (guilty plea alone does not guarantee acceptance credit)
- United States v. Azure, 596 F.3d 449 (8th Cir. 2010) (hearsay allowed at sentencing if reliable, for § 3E1.1 determinations)