UNITED STATES v. BLANCO

No. 05-4087.

466 F.3d 916 (2006)

UNITED STATES OF AMERICA, Plaintiff-Appellee v. DIONICO BLANCO, JR., a/k/a Junebug, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 24, 2006.


Attorney(s) appearing for the Case

Scott Keith Wilson, Assistant Federal Public Defender (Steven B. Killpack, Federal Public Defender, with him on the briefs) for Defendant-Appellant.

Diana Hagen, Assistant United States Attorney (Paul M. Warner, United States Attorney and Stephen J. Sorenson, Acting United States Attorney for the District of Utah, with her on the briefs) for Plaintiff-Appellee.

Before HARTZ, EBEL, and McCONNELL, Circuit Judges.


McCONNELL, Circuit Judge.

Section 3E1.1(b) of the United States Sentencing Guidelines confers on prosecutors "`a power, not a duty,'" to recommend a one-level downward departure for acceptance of responsibility when certain conditions are met. United States v. Moreno-Trevino, 432 F.3d 1181, 1186 (10th Cir. 2005) (quoting Wade v. United States, 504 U.S. 181, 185 (1992)). One of those conditions...

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