United States v. MacKety

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. § 3El.l(b) affected the calculation of the Guidelines range and usurped the Government’s discretion to move for a reduction under § 3E 1.1(b), rendering Mackety’s sentence procedurally unreasonable. Accordingly, we VACATE the sentence and REMAND for resentencing.

I

Mackety was charged by a ten-count indictment with…