25 F.3d 1050 (6th Cir. 1994), 93-1654, U.S. v. Bordayo

Docket Nº:93-1654.
Citation:25 F.3d 1050
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Henry Jo BORDAYO, Defendant-Appellant.
Case Date:May 19, 1994
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit

Page 1050

25 F.3d 1050 (6th Cir. 1994)

UNITED STATES of America, Plaintiff-Appellee,


Henry Jo BORDAYO, Defendant-Appellant.

No. 93-1654.

United States Court of Appeals, Sixth Circuit

May 19, 1994

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA6 Rule 28 and FI CTA6 IOP 206 regarding use of unpublished opinions)

On Appeal from the United States District Court for the Western District of Michigan; No. 92-00020, Euslen, J.



Before: GUY and NELSON, Circuit Judges; and LIVELY, Senior Circuit Judge.


Defendant, Henry Jo Bordayo, entered a Fed.R.Crim.P. 11 guilty plea to conspiracy to import marijuana and money laundering. The only issue raised on appeal is a claim of error arising from the district court's refusal to grant a reduction for acceptance of responsibility.

Our review of the record convinces us that no error occurred, and we affirm.


After defendant made his initial appearance before the court, he was released on bond. While on bond, the defendant committed five additional offenses: two drunk driving traffic misdemeanors and three assaults. All of these offenses were alcohol related. The probation officer recommended that no reduction be made for acceptance of responsibility.

In arguing for the reduction at sentencing, the defendant pointed out that he voluntarily had entered a guilty plea and that he has withdrawn from all activities involving marijuana. Specifically, defense counsel argued:

This is a different kind of thing. And I guess we are getting, I, the situation of how much of these kind of alcohol-related offenses where people are trying, improperly trying to cope with their problems, how that gets into criminal conduct, which it is, and but then we get into the mens rea and theactus rea type of attitude.

I think the idea behind acceptance of responsibility is, okay, I know that I am caught, I know I have done wrong, and I am going to quit, I am going to get out of what it was that I was doing.

Now if what I have been doing in the past is selling drugs, and I back off from that, and I totally get out of that, that has been my way of making a living and I am now going to start over and start breaking into people's houses or businesses, I would say, yes, that is not a...

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