No. 25-5788

Kalup Allen Born v. United States

Lower Court: Tenth Circuit
Docketed: 2025-10-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: acceptance-of-responsibility acquitted-conduct criminal-procedure downward-departure harmless-error sentencing-guidelines
Latest Conference: 2025-11-07
Question Presented (AI Summary)

Whether a defendant who admits to every needed element for conviction but challenges acquitted conduct has 'clearly demonstrated acceptance of responsibility' for purposes of receiving a downward sentencing departure under U.S.S.G. § 3E1.1(a)

Question Presented (OCR Extract)

by this case. Here, Mr. Born asked the jury to convict of a lesser offense and it did. Y et the court declined the deduction because he had challenged elements of what turned out to be the acquitted offense. 1. Whether a defendant who admits to every needed element for conviction but challenges acquitted conduct has “clearly demonstate[d] acceptance of responsibility ” for purposes of receiving a downward sentencing departure under U.S.S.G. § 3E1.1 (a) 2. If yes, whether a district court’s belief to the contrary can be harmless error .

Docket Entries

2025-11-10
Petition DENIED.
2025-10-16
DISTRIBUTED for Conference of 11/7/2025.
2025-10-10
Waiver of United States of right to respond submitted.
2025-10-10
Waiver of right of respondent United States to respond filed.
2025-09-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 3, 2025)

Attorneys

Kalup Allen Born
Benjamin M. Miller — Petitioner
United States
D. John SauerSolicitor General, Respondent