United States v. James Christopher Watt

James Christopher Watt appeals from the district court’s sentence of 46 months imprisonment and three years of supervised release for unarmed bank robbery, in violation of 18 U.S.C. § 2113 (a). The district court refused to reduce Watt’s offense level by two points for his acceptance of responsibility, pursuant to United States Sentencing Commission, Guideline Manual (U.S.S.G.) § 3E1.1. The district court based its decision on its findings that Watt had not voluntarily surrendered to the authorities or assisted in the recovery of the fruits and instrumentalities of the offense, factors made relevant under the commentary to section 3E1.1. Watt contends that the district court’s application of section 3E1.1 violates his rights under the fifth and sixth amendments. In this appeal, we must consider the novel question whether a district court can construe constitutionally protected conduct against a defendant in determining his acceptance of responsibility pursuant to U.S.S.G. § 3E1.1.

PERTINENT FACTS

On December 22, 1987, a federal grand jury returned a two-count indictment against Watt, charging him in count one with armed bank robbery in violation of 18 U.S.C. § 2113 (a), (d), and…