United States v. Ernesto Montero

Ernesto Montero appeals his 33-month sentence imposed following his guilty plea to one count of conspiracy to induce aliens to enter the United States. Montero argues the district court erred when it refused to grant him a two-point reduction for acceptance of responsibility at sentencing on the ground his last-minute plea was not timely. He contends although his plea, offered on the morning trial was set to commence, was not timely for the purposes of a one-point reduction under § 3El.l(b), considerations other than timeliness govern possible reductions under § 3El.l(a).

We review for clear…