Second Circuit - Chapter 3 Adjustments

United States v. Vargas, 961 F.3d 566 (2d Cir. 2020). Section 3E1.1(b)’s 1-level reduction for timely notification of the intent to plead guilty requires a government motion, but a government motion is not enough. The court must also determine whether the defendant’s notification of his intention to plead guilty came early enough to permit the government “to avoid preparing for trial” and “to allocate [its] resources efficiently.” A court may not deny this reduction based on a defendant’s filing a suppression motion requiring a hearing, because “preparing for a jury trial involves more work than preparing for a suppression hearing.”

Training Topic: