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United States v. Parker
Citation: 7 F. App'x 12Docket: No. 00-1410
Court: Court of Appeals for the Second Circuit; March 22, 2001; Federal Appellate Court
The judgment of the District Court is affirmed concerning Keith Parker's conviction for being a felon in possession of a weapon under 18 U.S.C. § 922(g)(1). Parker received a 120-month prison sentence followed by three years of supervised release. He contended that he was entitled to a two-point reduction in his offense level for acceptance of responsibility; however, the court found sufficient evidence of his lack of acceptance, including instances of perjury. Although Parker argued that his guilty plea was based on an expectation of receiving the reduction, the court's transcript indicated no binding commitment to grant the points. Additionally, Parker challenged the court's upward departure in sentencing due to his criminal history and recidivism. The court upheld this departure, noting his extensive criminal record and likelihood of reoffending, finding no error in the decision.