CA1: government has all the power under 3E1.1(b)

US v. Beatty, No. 06-2481.  While the proceedings below are pretty interesting, this comes down to a question of whether the government has discretion to move for a § 3E1.1(b) (responsibility) (as opposed to (a)) reduction for acceptance of responsibility. The defendant was a veteran, but people don’t really care.

The First holds that under the Prosecutorial Remedies and Tools Against the Exploitation of Children Today Act of 2003 ("PROTECT Act"), Pub. L. No. 108-21, 117 Stat. 650 (2003); a reduction under (b) is contingent on the government’s filing.  The First then tries to say that this view doesn’t actually restrict any rights.  Whatever.