Earning That Third Point For Acceptance Of Responsibility

United States v. Casteneda (Contreras), Nos. 05-2922-cr (L), 05-3452-cr (CON) (2d Cir. June 21, 2006) (found here)

How far in advance must one "notify the authorities" of an intention to plead guilty in order to earn a third "point" for acceptance of responsibility?  Well, the Second Circuit doesn't say specifically, but three days before trial is clearly insufficient.

Casteneda was indicted on June 10, 2003 and plead guilty on January 5, 2005 -- three business days before the scheduled start of his trial.  At sentencing, the district court reduced Casteneda's offense level by 2 offense levels for acceptance of responsibility.  But it refused to reduce the offense level any further pursuant to Section 3E1.1(b)(2) because he failed to establish that he timely notified the authorities of his intention to plead guilty, "thereby permitting the government to avoid preparing for trial and permitting the court to allocate its resources efficiently."  In doing so, the Second Circuit rejected Casteneda's comparison of himself to the defendants in United States v. Hargrett, 156 F.3d 447, 452 (2d Cir. 1998) and United States v. Patasnik, 89 F.2d 63, 73 (2d Cir. 1996), whose pleas were even more belated than that Casteneda.  Indeed, the Second Circuit stated that the "fact that other defendants may be even less deserving of § 3E1.1(b)(2) consideration does not . . . demonstrate that Casteneda" is deserving.

The lesson learned?  Get your guilty plea in early.  Or at least some time before the week preceding trial.