United States v. Daniel David Kimple

Opinion by Judge T.G. NELSON.

I

OVERVIEW

Daniel Kimple (Kimple) appeals his seventy-month sentence imposed after he pled guilty to growing more than 100 marijuana plants. The district court granted a two-level reduction for acceptance of responsibility under U.S.S.G. § 3El.l(a), but refused to grant an additional one-level reduction for acceptance of responsibility under § 3El.l(b)(2). We must determine whether the district court erred in refusing to grant the additional reduction for timely acceptance of responsibility. Because we conclude that the Government’s defense to Kimple’s pretrial motions does not constitute trial preparation for purposes of the timely acceptance reduction under subsection (b)(2), we vacate Kimple’s sentence and remand for resentencing.

II

BACKGROUND

The charges against Kimple arise from evidence seized at the California property of his co-conspirator, Ronald Harvey, on August 9, 1991, during the execution of a state search warrant. Evidence seized included 626 marijuana plants growing in a hydroponic system, as well as evidence of prior growing activity. The officers also searched a trailer located on the property in which Kim-ple was living and…