Marvin Andre Hendy, a citizen and native of Guyana, entered this
country in 1984 pursuant to a visa. After he was convicted of several armed
robberies, he was deported in 1993. Hendy then illegally returned to the United
States, only to be deported again in 2004. Undeterred, he reentered the United
States. Although he was apprehended by law enforcement authorities in 2007, he
avoided deportation proceedings by providing a false name. In 2009, however, an
indictment was returned by a grand jury charging Hendy with illegal reentry after
deportation in violation of Title 8, U.S.C. §§ 1326 (a) and (b)(2).
Hendy exercised his right to a jury trial. During trial, he stipulated to
only one of the elements of the offense of illegally reentering the United States,
thereby requiring the government to prove its case beyond a reasonable doubt as to
the other elements. Although Hendy testified, the jury found him guilty as
charged. At sentencing, the United States District Court for the District of New
Jersey imposed a 63-month sentence, which fell at the lower end of Hendy’s
guidelines range. This timely appeal followed.
Hendy contends that the District Court erred at sentencing by failing to
reduce his offense level by two points pursuant to U.S.S.G. § 3E1.1 based on his
acceptance of responsibility. Hendy acknowledged at sentencing that the
acceptance of responsibility adjustment is generally not available if a defendant
The District Court had jurisdiction under 18 U.S.C. § 3231. The Court of Appeals has
jurisdiction under 18 U.S.C.
3742(a) and 28 U.S.C.