101992P.pdf   05/20/2011  United States  v.  Robert Perry
   U.S. Court of Appeals Case No:  10-1992
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Gruender, Author, with Smith and Benton, Circuit Judges]
   Criminal case - Sentencing. An absolute and unqualified promise not to
   "use" the self-incriminating information offered in a proffer is not required
   to bring an agreement within the bounds of Guidelines Sec. 1B1.8; here,
   the provisions of the proffer agreement brought it within the bounds of
   Sec. 1B1.8's coverage; the proffer agreement, viewed as a whole
   ambiguously delineated the limitations place on the use of information
   derived from defendant's proffer and must, accordingly, be construed
   against the government; as a result, the proffer agreement did not allow
   for the use of information disclosed during the proffer session to be used
   in determining defendant's Guidelines range, and the district court erred in
   considering the information; district court did not err, however, in refusing
   to grant defendant a two-level reduction for acceptance of responsibility
   where defendant went to trial and consistently denied the essential
   elements of guilt; case remanded for resentencing.