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U.S. v. MACKETY

No. 09-2148.

650 F.3d 621 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Alan MACKETY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 17, 2011.

Attorney(s) appearing for the Case

ARGUED: Paul L. Nelson , Federal Public Defender's Office, Grand Rapids, Michigan, for Appellant. Jeff J. Davis , Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF: Paul L. Nelson , Federal Public Defender's Office, Grand Rapids, Michigan, for Appellant. Jeff J. Davis , Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.

Before: GIBBONS and WHITE, Circuit Judges; OLIVER, Chief District Judge.

OPINION

HELENE N. WHITE, Circuit Judge.

Defendant Alan Mackety challenges his 300-month sentence as procedurally and substantively unreasonable. We conclude that the district court's blanket policy concerning the one-level point reduction for acceptance of responsibility under U.S.S.G. § 3E1.1(b) affected the calculation of the Guidelines range and usurped the Government's discretion to move for a reduction under § 3E1.1(b), rendering Mackety's...

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