United States v. McCarthy, No. 21-1129 (1st Cir. 2022)
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The First Circuit affirmed Defendant's sentence for maintaining a drug-involved premises, holding that the sentence was not unreasonable.
Defendant pleaded guilty to maintaining a drug-involved premises. The trial court imposed an eighty-six-month term of immurement, reflecting a two-level downward variance for Defendant's agreement to be sentenced remotely and another two-level downward departure requested by the government. On appeal, Defendant challenged the district court's denial of an offense-level reduction for acceptance of responsibility. The First Circuit affirmed, holding (1) it was not clearly erroneous for the district court to find that Defendant's conduct warranted the denial of an acceptance-of-responsibility adjustment; and (2) the district court did not clearly err in balancing the relevant factors when performing the acceptance-of-responsibility analysis.
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