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U.S. v. BEATTY

No. 06-2481.

538 F.3d 8 (2008)

UNITED STATES of America, Appellee, v. Leo BEATTY, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided August 12, 2008.

Attorney(s) appearing for the Case

Lisa M. Asiaf, Assistant U.S. Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief, for appellee.

Bruce Green, for appellant.

Before TORRUELLA, WALLACE, and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

In light of a congressional amendment to the sentencing guidelines in 2003, this case requires us to consider for the first time the scope of the government's discretion in deciding whether to file a motion for an additional one-level decrease in the defendant's base offense level for acceptance of responsibility.

Leo Beatty pleaded guilty to four counts of distribution of cocaine base, after...

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