This Court gives great deference to the district court’s denial of a request for a reduction for acceptance of responsibility and reviews the decision for clear error." United States v. Vega, 676 F.3d 708, 723 (8th Cir. 2012) (quoting United States v. Ayala, 610 F.3d 1035, 1036 (8th Cir. 2010) (per curiam)).
I also note that our system of sentencing may be improved through the use of sentencing councils, which I have discussed elsewhere. United States v. Ayala, 610 F.3d 1035, 1037–38 (8th Cir.2010) (Bright, J., concurring). To ensure that criminal defendants receive fair sentences, this dissent urges that sentencing judges always engage in a meaningful analysis of the § 3553(a) factors—the process should not devolve to be rote, mechanical, and artificial. Whether imposing a sentence within, above, or below the guidelines, the touchstone should always be the standard in § 3553 of a sentence sufficient but not greater than necessary and judges should verify the sentence pursuant to § 3553(a), explaining for the record “(1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need for the sentence imposed ... (6) the need to avoid unwarranted disparities.”
This Court gives great deference to the district court's denial of a request for a reduction for acceptance of responsibility and reviews the decision for clear error.” United States v. Ayala, 610 F.3d 1035, 1036 (8th Cir.2010) (per curiam) (quotation and citation omitted). “Under U.S.S.G. § 3E1.1(a), the burden is on a defendant to show that he clearly demonstrated acceptance of responsibility.”
“Whether the defendant accepted responsibility is a factual question that depends largely on credibility assessments made by the sentencing court. This Court gives great deference to the district court's denial of a request for a reduction for acceptance of responsibility and reviews the decision for clear error.” United States v. Ayala, 610 F.3d 1035, 1036 (8th Cir.2010) (per curiam) (quotation and citation omitted). Contrary to Shade's argument, “[a] defendant bears the burden of establishing entitlement to a reduction for acceptance of responsibility,” even where “the probation office recommend[s] that [the defendant] receive the reduction, but the government oppose[s] the reduction.”
In my view, the difference in sentences between similar offenders should not depend on which side of the interstate a crime was committed or where the offender was arrested. See United States v. Ayala, 610 F.3d 1035, 1037-38 (8th Cir. 2010) (Bright, J., concurring) (discussing the need to reduce sentencing disparity in the post-Booker era). After the Sentencing Commission's 2007 revisions to the Guidelines, the crack/powder ratio varies between 25 to 1 and 80 to 1. Kimbrough v. United States, 552 U.S. 85, 106, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007).
See United States v. Daniels, 625 F.3d 529, 534 (8th Cir.2010); United States v. Wallenfang, 568 F.3d 649, 661 (8th Cir.2009); United States v. Herron, 539 F.3d 881, 887–88 (8th Cir.2008). “ ‘Whether the defendant accepted responsibility is a factual question that depends largely on credibility assessments made by the sentencing court.’ ” United States v. Ayala, 610 F.3d 1035, 1036 (8th Cir.2010) (quoting United States v. Long Soldier, 431 F.3d 1120, 1122–23 (8th Cir.2005)).
Paragraph 54 of the PSR gives Defendant a three-level reduction for acceptance of responsibility. Under USSG § 3E1.1(a) a sentence is decreased two levels if the defendant clearly demonstrates acceptance of responsibility and an additional one-level reduction is available if the defendant gives timely notice of her intent to plead guilty. Id.§ 3E1.1(b). A defendant acts inconsistently with the acceptance of responsibility when he “falsely denies ... relevant conduct” determined by the court to be true. Id.§ 3E1.1 n. 1(A). “Whether the defendant accepted responsibility is a factual question that depends largely on credibility assessments made by the sentencing court.” United States v. Ayala, 610 F.3d 1035, 1036 (8th Cir.2010) (quotation and citation omitted). The PSR properly credited Defendant for acceptance of responsibility.