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U.S. v. Tharps, 2009 WL 975532 (4/13/09) (unpub'd) - The 10th affirms denial of acceptance of responsibility reduction where the defendant was convicted of only the offenses he admitted to on the stand: possession of cocaine for personal use and felon-in-possession, and was acquitted of possession with intent to distribute and possessing a gun in furtherance thereof. First, the defendant did not admit to being a felon-in-possession prior to trial. Second, he required the government to prove its case before he testified [the government had to prove he was a felon, etc.].
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June 24th, 2009UncategorizedU.S. v. Tharps, 2009 WL 975532 (4/13/09) (unpub'd) - The 10th affirms denial of acceptance of responsibility reduction where the defendant was convicted of only the offenses he admitted to on the stand: possession of cocaine for personal use and felon-in-possession, and was acquitted of possession with intent to distribute and possessing a gun in furtherance thereof. First, the defendant did not admit to being a felon-in-possession prior to trial. Second, he required the government to prove its case before he testified [the government had to prove he was a felon, etc.].