Legal Opinion

United States v. Jesus A. Beserra

Court of Appeals for the Seventh Circuit

Decided July 21, 1992No. 91-3619PublishedCited by 33 opinions

1Opinion of the Court

POSNER, Circuit Judge.

The defendant was sentenced to 78 months in prison after he pleaded guilty to one count of conspiring to possess cocaine with intent to distribute it. 21 U.S.C. § 846. The only question raised by his appeal is whether the district judge committed clear error in refusing to reduce the offense level by two points for acceptance of responsibility, which would have lowered the guidelines range applicable to the defendant from 78-97 months to 63-78 months.

Acceptance of responsibility means that “the defendant clearly demonstrates a recognition and affirmative acceptance of…

2Cases cited3 opinions

  1. United States v. Roberto GonzalezCourt of Appeals for the Ninth Circuit · 1990
  2. United States v. David Big Crow, United States of America v. David Big CrowCourt of Appeals for the Eighth Circuit · 1990
  3. United States v. Quentin Arnold DrapeauCourt of Appeals for the Eighth Circuit · 1991

3Cited by33 opinions

  1. United States v. Frank J. Bonanno and Lawrence J. GoldsteinCourt of Appeals for the Seventh Circuit · 1998
  2. United States v. Pedro Gomez, Fernando Magana, and Rigoberto VelaCourt of Appeals for the Seventh Circuit · 1994
  3. United States v. Bernard J. Morgano, Dominick Palermo, Nicholas Guzzino, Peter Petros, Sam Nuzzo, Jr. And Samuel GloriosoCourt of Appeals for the Seventh Circuit · 1994
  4. United States v. Johnnie Louis McAlpine AKA Louie McAlpineCourt of Appeals for the Tenth Circuit · 1994
  5. United States v. K'maryan PanaderoCourt of Appeals for the Seventh Circuit · 1993

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