164165P.pdf   12/07/2017  United States  v.  Bralen Jordan
   U.S. Court of Appeals Case No:  16-4165
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Benton, Author, with Colloton and Kelly, Circuit Judges] 
   Criminal case - Sentencing. For the court's prior opinion in the matter, 
   see U.S. v. Jordan, 812 F.3d 1183 (8th Cir. 2016). Defendant failed to 
   make a sufficiently specific objection to the government's refusal to move 
   for a third-point reduction for acceptance of responsibility under 
   Guidelines Sec. 3E1.1(b), and the issue would be reviewed for plain error; 
   bad faith is not a basis for the district court to order the government to 
   file a Sec. 3E1.1(b) motion; government's reason for refusing to move for 
   the reduction - that it had to prepare for contested sentencing hearing - 
   was not unconstitutional and was rationally related to an interest 
   identified in the Section; defendant's denial of relevant conduct did not 
   allow the government and the court to allocate their resources 
   efficiently, and this was a an appropriate ground upon which to refuse to 
   move for the third point. Judge Kelly, concurring in the result.