01-2209 U.S. v. Willis

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“Willis maintains that the trial court erred in refusing to grant him a reduction for acceptance of responsibility. In the plea agreement, Willis argues, the government promised to recommend a reduction for acceptance of responsibility if Willis exhibited behavior consistent with acceptance of responsibility. At the time the government made this promise, it was aware that Willis intended to dispute the amount of crack attributable to relevant conduct and also to contest whether he possessed a dangerous weapon during a drug offense. Willis contends that the government deluded Willis in the plea agreement by making an illusory promise to recommend a reduction for acceptance of responsibility when the government fully intended to argue that Willis frivolously denied ownership of the gun and the crack found in the basement duct work. The district court denied the reduction after finding that Willis falsely denied having sold drugs to Hylton before the first controlled sale and also falsely denied that the drugs found in the basement duct work were his.

“The district court’s acceptance of responsibility determination is a factual finding that we review for clear error. United States v. Fiore, 178 F.3d 917, 925 (7th Cir. 1999). Application Note 1 to Sentencing Guideline 3E1.1 clarifies that a false denial or a frivolous contest to relevant conduct is inconsistent with acceptance of responsibility. Fiore, 178 F.3d at 925. A defendant must prove his entitlement to a reduction for acceptance of responsibility. Taylor, 72 F.3d at 549. Simply pleading guilty does not automatically entitle a defendant to a reduction for acceptance of responsibility. United States v. McIntosh, 198 F.3d 995, 999 (7th Cir. 2000). The district court was certainly entitled to credit the testimony of Hylton over that of Willis after hearing both testify. Berthiaume, 233 F.3d at 1004. Having found that Willis falsely denied the extent of his drug dealing, the district court did not err in denying Willis a reduction for acceptance of responsibility. Moreover, we note that the government’s promise was not illusory. If the district court had believed Willis’s testimony, the government would have been obliged to recommend a reduction in Willis’s sentence for acceptance of responsibility.”

Affirmed.

Appeal from the United States District Court for the Eastern District of Wisconsin, Randa, J., Rovner, J.