United States V. Benjamin

Robert Thompson and William Benjamin pleaded guilty to a single count of conspiracy to distribute, and possess with intent to distribute, cocaine and crack in violation of 21 U.S.C. § 846. On appeal they challenge their sentences. Thompson asserts that the district court erred in determining his base offense level; Benjamin argues that the district court should have both compelled the government to make a substantial assistance motion and reduced Benjamin's sentence to reflect that he had accepted responsibility for his crime. With respect to Thompson, the district court considered relevant conduct in calculating the base offense level, and therefore we affirm the sentence. But we vacate Benjamin's sentence because, although he is not entitled to a reduction for acceptance of responsibility, he was improperly denied the benefit of a substantial assistance motion.