U.S. v. GUERRA

Crim. No. 3:91-CR-418-D.

809 F.Supp. 480 (1993)

UNITED STATES of America, Plaintiff, v. Robert Hernandez GUERRA, Defendant.

United States District Court, N.D. Texas, Dallas Division.

January 5, 1993.


Attorney(s) appearing for the Case

Michael J. Uhl, Asst. U.S. Atty., Dallas, TX, for plaintiff.

Suzanna O. Perez, Asst. Federal Public Defender, Dallas, TX, for defendant.


FITZWATER, District Judge:

Defendant's motion for modification of sentence presents a question of apparent first impression. The court must decide whether, pursuant to 18 U.S.C. § 3582(c)(2), it may modify a defendant's sentence on the basis of the November 1, 1992 amendment to U.S.S.G. § 3E1.1, which permits a three-level decrease for acceptance of responsibility. The court holds it may not.

I

On June 19, 1992 the court sentenced defendant...

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