The purpose of this guideline is to recognize and reward defendants who demonstrate genuine remorse and cooperate with the authorities, saving the court system time and resources by avoiding lengthy trials.
Section 3E1.1 of the USSG states:
“Acceptance of Responsibility”
(a) If the defendant clearly demonstrates acceptance of responsibility for his offense, decrease the offense level by 2 levels.
(b) If the defendant qualifies for a decrease under subsection (a), the offense level determined prior to the operation of subsection (a) is level 16 or greater, and upon motion of the government stating that the defendant has assisted authorities in the investigation or prosecution of his own misconduct by timely notifying authorities of his intention to enter a plea of guilty, thereby permitting the government to avoid preparing for trial and permitting the government and the court to allocate their resources efficiently, decrease the offense level by 1 additional level.
- Truthfully admitting the conduct comprising the offense(s) of conviction.
- Voluntarily terminating or withdrawing from criminal conduct or associations.
- Timely providing complete information to the government regarding their involvement in the offense.
- Pleading guilty in a timely manner, which allows the government to avoid preparing for trial and allocate resources more efficiently.
Under subsection (b), the defendant can receive an additional 1-level reduction if they meet the criteria for a 2-level reduction, their offense level prior to the reduction is 16 or higher, and the government files a motion stating that the defendant has provided timely assistance in the investigation or prosecution of their own misconduct.
It is important to note that the decision to grant a reduction under Section 3E1.1 is at the discretion of the court, and the burden of proof falls on the defendant to demonstrate their acceptance of responsibility.
Further more, a defendant who exercises their right to trial is not automatically ineligible for the reduction, but it is rarely granted in such cases, as going to trial often indicates that the defendant has not fully accepted responsibility for their actions.