Alden Brent Cooper v. United States
DueProcess
Does denial of credit for alleged criminal conduct the defendant refuses to admit and denies in good faith he committed violate the Due Process Clause of the Fifth Amendment and lack a proper foundation for the denial of the credit in light of a defendant's due process right to contest alleged factual errors in his Presentence Investigation Report?
QUESTIONS PRESENTED . Section 18 U.S.C. § 2252A(a)(1) can be violated by either knowingly receiving or distributing child pornography. A defendant accused of a violation of that statute is entitled to a two-level downward adjustment for acceptance of responsibility under U.SS.G. § 3E1.1(a) if the defendant clearly demonstrates acceptance of responsibility for his offense. The paramount factor in determining eligibility for § 3E1.1 credit is whether the defendant truthfully admits the conduct comprising the offense or offenses of conviction. 1. Does denial of credit for alleged criminal conduct the defendant refuses to admit and denies in good faith he committed violate the Due Process Clause of the Fifth Amendment and lack a proper foundation for the denial of the credit in light of a defendant's due process right to contest alleged factual errors in his Presentence Investigation Report? 2. Where a defendant has admitted guilt both to federal law enforcement officers and in open court at sentencing, and expressed remorse, does the denial of the acceptance of responsibility reduction because the admission of guilt was not made to the probation officer during the presentence investigation interview violate due process and penalize a defendant for asserting his constitutional rights?