United States v. Garcia-Carrillo

Victor Garcia-Carrillo pled guilty to reentering the United States illegally and was sentenced to 89 months of imprisonment. The Government declined to move in the district court for a one-level reduction for acceptance of responsibility under United States Sentencing Guidelines Manual (U.S.S.G.) § 3El.l(b) because Garcia-Carrillo refused to waive his right to appeal. After sentencing, and while his appeal was pending, the Sentencing Commission amended the commentary to § 3El.l(b), which now instructs prosecutors not to withhold such motions on the basis of a defendant’s failure to waive his…