United States v. Harry Leon Smith, III

The opinion prepared for the court by Judge Dubina is a fine one. Yet, it seems to me that it has more in it than does the case.1

Two equally correct propositions seem to be in contest.

First, I continue to believe that if a defendant admits his guilt and all acts, omissions or other doings charged against him by the government, he may not be denied whatever benefit results from acceptance of responsibility merely because, at sentencing, his lawyer argues that the government’s lawyer is mistaken as to the application of the guidelines to these admissions.

Second, and on the other hand, a…