U.S. v. YATE

No. 97-5155.

176 F.3d 1309 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Giovani YATE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 24, 1999.


Attorney(s) appearing for the Case

Julio Gutierrez, Miami, FL, for Defendant-Appellant.

William A. Keefer, U.S. Attorney, Marc Fagelson, Richard Hong, Bert Jordan, Assistant U.S. Attorneys, Miami, FL, for Plaintiff-Appellee.

Before EDMONDSON and MARCUS, Circuit Judges, and ALARCON, Senior Circuit Judge.


PER CURIAM:

Defendant Giovani Yate appeals his 120-month sentence for conspiracy to import cocaine in violation of 21 U.S.C. § 963.

This case presents the issue of whether a sentencing court's finding that a defendant has truthfully admitted the conduct comprising the offense of conviction for purposes of an acceptance-of-responsibility reduction under U.S.S.G. § 3E1.1, is incompatible with a finding that the defendant has failed to satisfy the requirement...

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