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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.