02-1504 U.S. v. Bosque

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“Bosque could have gone to trial to preserve his defense of coercion, a purely legal issue, and not lost his opportunity to receive an acceptance of responsibility reduction. Cunningham, 103 F.3d at 599. He also could have challenged the government’s refusal to hold to an agreement to recommend leniency without necessarily losing an opportunity for the reduction. But he did much more than that; he put the government to its burden of proof on his factual guilt, and did not plead guilty until he saw how the trial was going. Moreover, the court was aware of each and every factor he now raises as a basis for his entitlement to the reduction, and it appears the district court simply did not believe that Bosque accepted moral responsibility for his actions. The district court specifically found that Bosque tried to shift responsibility for his crimes onto his son, his son’s associates and law enforcement. The court was not convinced that Bosque’s expression of remorse was genuine, but rather found that Bosque merely regretted getting caught. The court’s findings reflect no error of either law or fact, and Bosque has not pointed out any reason to believe the court was confused about the nature of Bosque’s explanation for his crimes. We therefore affirm the district court’s determination that Bosque was not entitled to a reduction for acceptance of responsibility.”

Affirmed in part, and dismissed in part.

Appeal from the United States District Court for the Southern District of Indiana, Hamilton, J., Rovner, J.