United States v. Wineman
2010 U.S. App. LEXIS 24341
| 8th Cir. | 2010Background
- Wineman pled guilty to conspiracy to distribute methamphetamine and possession of a firearm during the conspiracy; district court sentenced him to 235 months.
- Presentence report initially recommended a three-level reduction for acceptance of responsibility under § 3E1.1.
- Craigslist rant posted by Wineman on August 30, 2009 was used by government to object to the reduction; Wineman disputed authorship.
- Sentencing was delayed; Wineman tested positive for methamphetamine before the January 2010 sentencing and admitted usage.
- At sentencing, the district court denied the § 3E1.1 reduction based on the rant, his denial of authorship, and drug use; the sentence was at the top of the advisory range.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of acceptance of responsibility was clearly erroneous | Wineman argues timely plea and admissions support § 3E1.1. | Government contends conduct (rant, false statements, drug use) outweighs any acceptance. | No clear error; denial upheld. |
| Whether the Craigslist rant undermines acceptance of responsibility | Rant was not about law enforcement or the offense; it expresses frustration with disability. | Rant shows lack of sincere remorse and recognition of responsibility. | Rant inconsistent with acceptance; denial sustained. |
| Whether post-conviction drug use and false probation statements justify denial | No separate negative conduct; independent grounds exist for reduction. | Drug use and false statements are sufficient to deny acceptance of responsibility. | Grounds support denial; no error in district court. |
Key Cases Cited
- United States v. Nguyen, 52 F.3d 192 (8th Cir. 1995) (acceptance of responsibility weighed against conduct inconsistent with remorse)
- United States v. Poplawski, 46 F.3d 42 (8th Cir. 1995) (continued drug use can justify denial of acceptance of responsibility)
- United States v. Londondio, 420 F.3d 777 (8th Cir. 2005) (misrepresentation to probation officer supports denial of acceptance)
- United States v. Knight, 905 F.2d 189 (8th Cir. 1990) (recognition and remorse required for acceptance of responsibility)
- United States v. Canania, 532 F.3d 764 (8th Cir. 2008) (burden on defendant to show entitlement to reduction)
- United States v. Herron, 539 F.3d 881 (8th Cir. 2008) (clear-error standard for acceptance of responsibility review)