Untimely Guilty Plea Not Enough to Prevent Responsiblity Credit

An untimely guilty plea in a plea deal is not sufficient for denying the two-level sentencing deduction for acknowledging responsibility

United States v. Hollis, 2016, BL 166203, 6th Cir., No. 15-5246, 5/25/16.

    The Sixth Circuit overruled a federal district court's ruling in denying to take into account a guilty plea in a plea deal after the defendant failed to meet the deadlines set by the judge, who found that such tardiness caused a "waste of government resources." The circuit court responded that under U.S.S.G. Section 3E1.1(a), that "timeliness of a defendants plea" can only be considered "to the extend that timeliness reflects the extent of the defendant's sincerity in accepting responsibility."

   The court notes that the waste of government resources lies in subsection (b) in the same section, which credits the defendant's offense level one step if the plea saves government resources. While overturning the district court's ruling, the circuit court did note that timeliness is not completely irrelevant. The court in their conclusion found that a defendant entering a plea deal at the eleventh hour does not necessarily indicate an acceptance of responsibility, but rather apprehension of the government's case against him or her. "Such a situation might occur when the plea comes on the eve of or during a trial," the court elaborates.

   The takeaway is that the timeliness of a plea is only considered to the extent that it shows insincerity, not inconvenience or a waste of government resources.

http://www.bloomberglaw.com/public/document/United_States_v_Hollis_No_155246_2016_BL_166203_6th_Cir_May_25_20.