043151P.pdf   12/15/2005  USA  v.  Vaughn Wattree
   U.S. Court of Appeals Case No:  04-3151
                          and No:  04-3422
   Western District of Missouri   
   [PUBLISHED] [Benton, Author, with Loken, Chief Judge, and
   Gruender, Circuit Judge]
   Criminal case - criminal law and sentencing. District court did not
   abuse its discretion in denying defendant's motion for a change of venue
   to a different division within the district; neither the guidelines nor case
   law support the government's argument that a defendant may receive an
   acceptance-of-responsibility reduction only by pleading guilty to all of the
   offenses for which he is convicted; where a defendant pleads guilty to all
   counts that are grouped for sentencing, contesting guilt only on non-
   grouped offenses, the guidelines do permit a two-level acceptance-of-
   responsibility reduction, based on the totality of the circumstances; here,
   considering the totality of the circumstances, the district court erred in
   granting the acceptance-of-responsibility reduction, and the case is
   remanded for resentencing; district court also erred in granting defendant
   the third-level reduction, as the government did not move for such a
   reduction and there was no showing that the government's refusal to
   make a motion for a third-level reduction was improperly motivated.