Can a probation officer make a recommendation for a reduction for acceptance of responsibility under a plea agreement?

MultiRegion, United States of America

The following excerpt is from U.S. v. Grewal, 39 F.3d 1189 (9th Cir. 1994):

The court first notes that appellant did not raise this issue below. The alleged violation of a plea agreement cannot be raised for the first time on appeal unless it presents a pure question of law. United States v. Conkins, 9 F.3d 1377, 1381-82 (9th Cir.1993). Since the probation officer found that Grewal did not admit his guilt, the government did not have to make the recommendation requested. Moreover, in light of the district court's finding that Grewal obstructed justice, there is no basis for finding that a recommendation by the government would have altered the court's decision. We hold that the district court had foundation to deny a reduction for acceptance of responsibility.

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