United States v. Johnson

Amicus curiae brief of the Ninth Circuit Federal Public and Community Defenders and the National Association of Criminal Defense Lawyers in support of defendant-appellant’s petition for rehearing en banc.

Brief filed: 10/19/2009


United States v. Johnson

9th Circuit Court of Appeals; Case No. 08-30094

Prior Decision

Panel decision 581 F.3d 994.


The panel majority erroneously upheld denial of the third level for acceptance of responsibility (Guidelines §3E1.1) where the defendant entered a conditional guilty plea in order to appeal his Fourth Amendment claim.

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Stephen Sady, Federal Public Defender Office, Portland, OR.