U.S. v. McPHEE

No. 96-6025.

108 F.3d 287 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro McPHEE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 25, 1997.


Attorney(s) appearing for the Case

Roianne Houlton Frith, Montgomery, AL, for Defendant-Appellant.

R. Randolph Neeley, Asst. U.S. Atty., Montgomery, AL, for Plaintiff-Appellee.

Before BIRCH, Circuit Judge, and RONEY and FARRIS, Senior Circuit Judges.


RONEY, Senior Circuit Judge:

The question on this appeal is whether, once a sentencing court has found that a criminal defendant qualifies for a decrease in his basic offense level for acceptance of responsibility and cooperation under U.S.S.G. § 3E1.1(a) and (b), the court then has discretion to apply less than the three-level decrease provided by the sentencing guidelines. Holding the three-level decrease is mandated, we vacate the sentence which decreased...

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