By: WISCONSIN LAW JOURNAL STAFF//March 14, 2011//
Sentencing
Acceptance of responsibility
Where the defendant engaged in fraud after pleading guilty, the district court properly denied him credit for acceptance of responsibility.
“Horn disputes the district court’s conclusion that travel to St. Louis and negotiation of the real estate contract constitutes the continuation of ‘criminal conduct or association.’ See U.S.S.G. § 3E1.1 cmt. n.1(b). Horn suggests, without citation to any authority, that his conduct was not ‘inherently’ criminal. This suggestion is frivolous. As the district court correctly concluded, Horn’s violation of his bond was a continuation of his criminal conduct and association for purposes of acceptance of responsibility. See United States v. McLaughlin, 378 F.3d 35, 41 (1st Cir. 2004); United States v. Kirkland, 28 F.3d 49, 51 (7th Cir. 1994); United States v. Hooten, 942 F.2d 878, 882-83 (5th Cir. 1991).”
Affirmed.
10-2698 U.S. v. Horn
Appeal from the United States District Court for the Northern District of Illinois, Shadur, J., Evans, J.