Judges: Per Curiam
Filed: Feb. 11, 2002
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 February 11, 2002 Before Honorable William J. Bauer, Circuit Judge Honorable Michael S. Kanne, Circuit Judge Honorable Ilana Diamond Rovner, Circuit Judge Nos. 99-2722 and 99-2765 UNITED STATES OF AMERICA, )Appeal from the United States )District Court for the Southern Plaintiff-Appellee, )District of Illinois ) v. ) )No. 97 CR 30089 ALFRED LEONARD WILLIAMS and ) DERRICK MITCHELL a/k/a DIRKIE, ) )William D. Stiehl, Ju
Summary: United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 February 11, 2002 Before Honorable William J. Bauer, Circuit Judge Honorable Michael S. Kanne, Circuit Judge Honorable Ilana Diamond Rovner, Circuit Judge Nos. 99-2722 and 99-2765 UNITED STATES OF AMERICA, )Appeal from the United States )District Court for the Southern Plaintiff-Appellee, )District of Illinois ) v. ) )No. 97 CR 30089 ALFRED LEONARD WILLIAMS and ) DERRICK MITCHELL a/k/a DIRKIE, ) )William D. Stiehl, Jud..
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United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
February 11, 2002
Before
Honorable William J. Bauer, Circuit Judge
Honorable Michael S. Kanne, Circuit Judge
Honorable Ilana Diamond Rovner, Circuit Judge
Nos. 99-2722 and 99-2765
UNITED STATES OF AMERICA, )Appeal from the United States
)District Court for the Southern
Plaintiff-Appellee, )District of Illinois
)
v. )
)No. 97 CR 30089
ALFRED LEONARD WILLIAMS and )
DERRICK MITCHELL a/k/a DIRKIE, )
)William D. Stiehl, Judge.
Defendants-Appellants. )
ORDER
Before the Court is Derrick Mitchell’s Motion for Clarification of Opinion. The Motion
is granted and the Opinion is hereby modified. On page 4 of the Slip Opinion, at the end of the
last line of the first full paragraph (the line ending “his attempt to plead guilty.”), add as footnote
*:
*. The district court did not clearly err in refusing to grant Mitchell a three-level
reduction for acceptance of responsibility. See United States v. Akindele,
84 F.3d 948,
956 (7th Cir. 1996). A decrease may be granted only if the defendant clearly
demonstrates acceptance of responsibility for his offense. See U.S.S.G. § 3E1.1(a). One
of the appropriate considerations for determining acceptance of responsibility is whether
the defendant truthfully admits the conduct comprising the offense of conviction. Even a
cursory review of the hearing where Mitchell “attempted” to plead guilty reveals that the
district court rejected his plea because he would not admit to the conduct underlying the
charges. We will give no further attention to this frivolous claim.