UNITED STATES v. McCARTHY

No. 21-1129.

32 F.4th 59 (2022)

UNITED STATES of America, Appellee, v. Barry MCCARTHY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

April 12, 2022.


Attorney(s) appearing for the Case

Stephen C. Smith and Steve Smith Trial Lawyers on brief for appellant.

Donald E. Clark , Acting United States Attorney, Julia M. Lipez and Benjamin Block , Assistant United States Attorneys, on brief for appellee.

Before Thompson, Selya, and Kayatta, Circuit Judges.


This is a rifle-shot appeal. In it, defendant-appellant Barry McCarthy takes aim at the district court's refusal to grant him a downward adjustment for acceptance of responsibility, see USSG § 3E1.1, in constructing his guideline sentencing range (GSR). Concluding, as we do, that the defendant is...

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