United States v. Nicolas Herrera-Figueroa

REINHARDT, Circuit Judge:

Defendant Nicolas Herrera-Figueroa appeals his sentence, contending that the district court misapplied the Sentencing Guidelines by refusing to grant him a two-point reduction in the level of his offense for acceptance of responsibility. His appeal raises the question whether a federal probation officer may refuse to honor a defendant’s request that his attorney be present during the presentence interview. Concluding that the exclusion of counsel from presentence interviews serves no rational purpose, we exercise our supervisory power over the orderly administration…