U.S. v. SPECK

No. 92-2616.

992 F.2d 860 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Michael Allen SPECK, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 11, 1993.


Attorney(s) appearing for the Case

Daniel Tvedt, Asst. U.S. Atty., Cedar Rapids, IA, argued, for plaintiff-appellant.

E. Daniel O'Brien, Cedar Rapids, IA, argued, for defendant-appellee.

Before McMILLIAN, MAGILL, and LOKEN, Circuit Judges.


LOKEN, Circuit Judge.

This appeal raises the question whether a defendant who insisted upon his factual innocence at trial and all the way through sentencing qualifies for the acceptance of responsibility reduction under U.S.S.G. § 3E1.1 because of his pretrial efforts at rehabilitation. The district court granted the reduction, and the government appeals. We reverse.

In early 1989, twenty-one year old Michael Allen Speck left home and moved in with drug...

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