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U.S. v. BRAXTON

No. 89-5651.

903 F.2d 292 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas BRAXTON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 8, 1990.

Attorney(s) appearing for the Case

Stephen Jon Cribari, Deputy Federal Defender, Baltimore, Md., for defendant-appellant.

Susan Moss Ringler, Asst. U.S. Atty., Baltimore, Md., for plaintiff-appellee.

Fred Warren Bennett, Federal Public Defender, Baltimore, Md., on the brief, for defendant-appellant.

Breckinridge L. Willcox, U.S. Atty., Baltimore, Md., on the brief, for plaintiff-appellee.

Before SPROUSE and CHAPMAN, Circuit Judges, and WARD, Senior United States District Judge for the Middle District of North Carolina, sitting by designation.

CHAPMAN, Circuit Judge:

At sentencing Thomas Braxton was denied a two-level reduction for acceptance of responsibility, because the sentencing judge found that the purpose of acceptance of responsibility was to lead toward rehabilitation, and that because of his mental and emotional condition Braxton could not accept responsibility to the extent necessary to entitle him to the reduction. Appellant claims error because the court found rehabilitation to be a necessary...

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