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201183P.pdf   05/25/2021  United States  v.  Delwin Cooper
   U.S. Court of Appeals Case No:  20-1183
   U.S. District Court for the Western District of Missouri - Kansas City   
[PUBLISHED] [Smith, Author, with Kelly and Erickson, Circuit Judges] Criminal case -Sentencing. The district court did not err in denying defendant a two-level reduction for acceptance of responsibility under Guidelines Sec. 3E1.1 based on his pre-plea conduct while incarcerated; under this Circuit's precedents, the district court was entitled to rely on such criminal conduct (participating in an assault on a inmate) in denying acceptance of responsibility even if the conduct occurred prior to the plea. Judge Kelly, concurring.