U.S. v. GUARIN

No. 89-3278.

898 F.2d 1120 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge GUARIN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided March 14, 1990.


Attorney(s) appearing for the Case

Blas E. Serrano (argued), Office of the U.S. Atty., Cleveland, Ohio, for plaintiff-appellee.

William A. Carlin (argued), Carlin & Carlin, Pepper Pike, Ohio, for defendant-appellant.

Before KEITH, JONES and BOGGS, Circuit Judges.


BOGGS, Circuit Judge.

Jorge Guarin pled guilty in district court to possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). At sentencing, the district court refused to reduce his offense level two points for acceptance of responsibility on the basis of this guilty plea alone, absent any other affirmative indicia of acceptance of responsibility. U.S.S.G. § 3E1.1.

The district court also departed upward from the guideline...

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