United States v. Gilbert, 138 F.3d 1371 (11th Cir. 1998). · Go Syfert
United States v. Gilbert, 138 F.3d 1371 (11th Cir. 1998). Cases Citing This Book View Copy Cite
103 citation events (95 in the last 25 years) across 5 distinct courts.
Strongest positive: United States v. Archer (ca11, 2008-06-26)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Archer (2×) also: Cited "see"
11th Cir. · 2008 · quote attribution · 1 verbatim quote · confidence high
because the definitions of 'violent felony' and 'crime of violence' are in this respect identical, hall's conclusion applies equally to the question at hand here.
discussed Cited as authority (verbatim quote) United States v. Marcus Raqual Williams
11th Cir. · 2006 · quote attribution · 1 verbatim quote · confidence high
because the definitions of 'violent felony' and 'crime of violence' are in this respect identical, hall's conclusion applies equally to the question at hand here.
discussed Cited as authority (rule) United States v. Epifania Sanchez Delarosa (2×) also: Cited "see"
11th Cir. · 2014 · confidence medium
United States v. Gilbert, 138 F.3d 1371, 1373 (11th Cir.1998), abrogated on other grounds as recognized by United States v. Archer, 531 F.3d 1347, 1352 (11th Cir.2008).
discussed Cited as authority (rule) Dudley Bryant, Jr. v. Warden, FCC Coleman - Medium (2×)
11th Cir. · 2013 · confidence medium
In 1998, in United States v. Gilbert (Gilbert I), 138 F.3d 1371, 1372 (11th Cir.1998), this Court rejected Gilbert’s argument, based on our 1996 Hall decision, and held that a concealed-firearm offense under Fla. Stat. § 790.01 “ ‘presents a serious potential risk of physical injury’ ” within the meaning of § 4B1.2(a)(2)’s definition of “crime of violence.” 8 Gilbert I, 138 F.3d at 1372 .
discussed Cited as authority (rule) Taurus Geter v. United States (2×) also: Cited "see"
11th Cir. · 2013 · confidence medium
Overruling Geter’s objections, the district court reasoned that under this Court’s then-binding precedent, specifically United States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir.1998), a Florida conviction for carrying a concealed weapon was considered a crime of violence.
discussed Cited as authority (rule) Roberto Delgado v. United States
11th Cir. · 2012 · confidence medium
See United States v. Adams, 316 F.3d 1196, 1197 (11th Cir.2003); United States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir.1998), abrogated by United States v. Archer, 531 F.3d 1347, 1352 (11th Cir.2008).
discussed Cited as authority (rule) Bobby Boyle v. United States (2×) also: Cited "see"
11th Cir. · 2011 · confidence medium
See U.S.S.G. § 4Bl.l(a) (2003) (designating a defendant a career offender if he, inter alia, has “at least two prior felony convictions of either a crime of violence or a controlled substance offense”); United States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir.1998) (concluding that the offense of carrying a concealed firearm was a crime of violence under § 4Bl.l(a)).
cited Cited as authority (rule) McKay v. United States
11th Cir. · 2011 · confidence medium
United States v. Gilbert {"Gilbert I"), 138 F.3d 1371, 1372 (11th Cir. 1998) (per curiam). .
discussed Cited as authority (rule) McKay v. United States
11th Cir. · 2011 · confidence medium
United States v. Gilbert (" Gilbert I "), 138 F.3d 1371, 1372 (11th Cir. 1998) (per curiam). [3] Specifically, the statutory maximum is 40 years for Counts 1 and 2, 21 U.S.C. § 841 (b)(1)(B)(iii), life imprisonment for Count 3, id. § 841(b)(1)(A)(iii), and 20 years for Count 4, id. § 841(b)(1)(C). [4] Section 3582 provides: [I]n the case of a defendant who has been sentenced to a term of imprisonment based on a sentencing range that has subsequently been lowered by the Sentencing Commission pursuant to 28 U.S.C. 994(o), upon motion of the defendant or the Director of the Bureau of Prisons, …
discussed Cited as authority (rule) Gilbert v. United States
11th Cir. · 2011 · confidence medium
The Post-Sentencing Procedural History On direct appeal Gilbert raised three issues, one of which was his contention that carrying a concealed weapon was not a "crime of violence," as defined in § 4B1.2(a), for § 4B1.1 purposes. [7] See United States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir.1998) ( Gilbert I ).
discussed Cited as authority (rule) Ezell Gilbert v. United States (2×)
11th Cir. · 2011 · confidence medium
The Post-Sentencing Procedural History On direct appeal Gilbert raised three issues, one of which was his contention 14 that carrying a concealed weapon was not a “crime of violence,” as defined in § 4B1.2(a), for § 4B1.1 purposes.7 See United States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir. 1998) (Gilbert I).
discussed Cited as authority (rule) Ezell Gilbert v. United States (2×)
11th Cir. · 2010 · confidence medium
In affirming his sentence, we held, as a matter of first impression, that “carrying a concealed weapon in violation of Florida law is a ‘crime of violence’ under U.S.S.G. § 4B1.2.” United States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir.1998).
discussed Cited as authority (rule) Ezell Gilbert v. United States
11th Cir. · 2010 · confidence medium
In affirming his sentence, we held, as a matter of first impression, that “carrying a concealed weapon in violation of Florida law is a ‘crime of violence’ under U.S.S.G. §4B1.2.” United States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir. 1998).
cited Cited as authority (rule) United States v. Frank Townsley
11th Cir. · 2009 · confidence medium
United States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir.1998).
discussed Cited as authority (rule) Hunter v. United States
11th Cir. · 2009 · confidence medium
Before the decision of the Supreme Court in Begay , we held that carrying a concealed weapon was a violent felony under the Armed Career Criminal Act, United States v. Hall, 77 F.3d 398, 401 (11th Cir.1996), and was a “crime of violence” under the Sentencing Guidelines, United States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Harrison
11th Cir. · 2009 · confidence medium
In Archer , we reconsidered, in light of Begay , our prior precedent in United States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir.1998), which held that the Florida offense of carrying a concealed weapon was a crime of violence under § 4Bl.l(a).
cited Cited as authority (rule) United States v. Tico Daktari Holman
11th Cir. · 2008 · confidence medium
United States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir.1998).
cited Cited as authority (rule) United States v. Oscar Arreguin-Agular
11th Cir. · 2007 · confidence medium
United States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir.1998) (interpreting § 4B1.1); United States v. Williams, 435 F.3d 1350, 1354 (11th Cir.2006) (same).
discussed Cited as authority (rule) United States v. Archer
11th Cir. · 2007 · confidence medium
In United States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir.1998), this court addressed this very issue and concluded that carrying a concealed weapon in violation of Florida law is a crime of violence pursuant to U.S.S.G. § 4B1.2(a)(2), and that a prior conviction for such a crime may appropriately determine career offender status for sentencing purposes.
cited Cited as authority (rule) United States v. Anthony Jerome Bell
11th Cir. · 2007 · confidence medium
See United States v. Adams, 316 F.3d 1196, 1197 (11th Cir.2003); United States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir.1998).
cited Cited as authority (rule) United States v. Charles David Owens
11th Cir. · 2006 · confidence medium
United States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir.1998).
discussed Cited as authority (rule) United States v. Torrey Styles
11th Cir. · 2005 · confidence medium
United States v. Hadaway, 998 F.2d 917, 919 (11th Cir.1993); United States v. Gilbert, 138 F.3d 1371, 1373 (11th Cir.1998). *253 Here, the district court determined that it lacked the authority to depart under § 5K2.11.
cited Cited as authority (rule) United States v. Terry Carlton Lancaster
11th Cir. · 2005 · confidence medium
“As a general rule, pleas on the eve of trial are not timely.” United States v. Gilbert, 138 F.3d 1371, 1373 (11th Cir.1998).
examined Cited as authority (rule) United States v. Bernard Adams (6×) also: Cited "see", Cited "see, e.g."
11th Cir. · 2003 · confidence medium
See U.S.S.G. §§ 4B1.1, 4B1.2; United States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir. 1998).
discussed Cited as authority (rule) United States v. Terrence Smith
11th Cir. · 2002 · confidence medium
United States v. Webb, 139 F.3d 1390, 1395 (11th Cir.1998) (concluding that “§ 4A1.3 does authorize the sentencing court to downward depart regardless of a defendant’s status as a career offender under § 4B1.1”); United States v. Gilbert, 138 F.3d 1371, 1372-73 (11th Cir.1998) (concluding that “Gilbert was properly sentenced as a career offender” and that “Gilbert is correct that the district court could have departed downward if it had found Gilbert’s criminal history to be overrepresented” under U.S.S.G. § 4A1.3, but deciding that “the record does not reveal such a findi…
discussed Cited as authority (rule) United States v. Alfaro-Zayas
11th Cir. · 1999 · confidence medium
We have recognized that “[disagreement with the policy choices underlying the Sentencing Guidelines and sentencing statutes is not a ground for downward departure.” United States v. Gilbert, 138 F.3d 1371, 1373 (11th Cir.1998) (per curiam), cert. denied, — U.S. —, 119 S.Ct. 1754 , 143 L.Ed.2d 787 (1999).
discussed Cited as authority (rule) Summers, Lynn M., In the Matter of:
11th Cir. · 1999 · confidence medium
We have recognized that "[d]isagreement with the policy choices underlying the Sentencing Guidelines and sentencing statutes is not a ground for downward departure." United States v. Gilbert, 138 F.3d 1371, 1373 (11th Cir.1998) (per curiam), cert. denied, --- U.S. ----, 119 S.Ct. 1754 , 143 L.Ed.2d 787 (1999).
discussed Cited as authority (rule) Summers, Lynn M., In the Matter of:
11th Cir. · 1999 · confidence medium
We have recognized that “[d]isagreement with the policy choices underlying the Sentencing Guidelines and sentencing statutes is not a ground for downward departure.” United States v. Gilbert, 138 F.3d 1371, 1373 (11th Cir. 1998) (per curiam), cert. denied, __ U.S. __, 119 S. Ct. 1754 , 143 L.
cited Cited "see" United States v. Villaba
D.N.M. · 2015 · signal: see · confidence high
See United States v. Gilbert, 138 F.3d 1371, 1373-74 (11th Cir.1998)(per curiam), abrogated on other grounds by United States v. Archer, 531 F.3d 1347 (11th Cir.2008).
cited Cited "see" United States v. Michael A. Membrides
11th Cir. · 2014 · signal: see · confidence high
See United States v. Gilbert, 138 F.3d 1371, 1373-74 (11th Cir.1998) (per curiam), abrogated on other grounds by United States v. Archer, 531 F.3d 1347 (11th Cir.2008).
cited Cited "see" United States v. Brye
M.D. Fla. · 2013 · signal: see · confidence high
See United States v. Gilbert, 138 F.3d 1371 (11th Cir.1998).
cited Cited "see" United States v. Omari Sharifa Coley
11th Cir. · 2009 · signal: see · confidence high
See United States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir.1998) (“We thus hold that carrying a concealed weapon in violation of Florida law is a “crime of violence ...” ”).
cited Cited "see" United States v. Oscar Arreguin-Agular
11th Cir. · 2008 · signal: see · confidence high
See United States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir.1998); United States v. Williams, 435 F.3d 1350, 1354 (11th Cir.2006).
cited Cited "see" United States v. Derek McCalla
11th Cir. · 2008 · signal: see · confidence high
See United *613 States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir.1998) (concluding that carrying a concealed firearm under Florida law is a “crime of violence” under section 4B1.2).
cited Cited "see" United States v. Oscar Arreguin-Agular
11th Cir. · 2008 · signal: see · confidence high
See United States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir.1998); United States v. Williams, 435 F.3d 1350, 1354 (11th Cir.2006).
discussed Cited "see" United States v. Russell Kim McGill
11th Cir. · 2006 · signal: see · confidence high
See United States v. Gilbert, 138 F.3d 1371 (11th Cir.1998) (holding that carrying a concealed firearm is a crime of violence because it presents a serious potential risk of causing physical injury to another) ; Searcy, 418 F.3d at 1197 (holding that “the use of an Internet facility to entice a minor to engage in sexual activity” constitutes a crime of violence because it “presents the possibility of an encounter that could result in ‘a serious risk of physical injury to [the minor]’ ”), cert. denied, — U.S.-, 126 S.Ct. 1107 , 163 L.Ed.2d 918 (2006).
discussed Cited "see" United States v. Angel L. Davila-Rodriguez
11th Cir. · 2006 · signal: see · confidence high
See Gilbert, 138 F.3d at 1372 ; see also Hall, 77 F.3d at 401-02 (concluding that carrying a concealed weapon is a “violent felony” for purposes of the Armed Career Criminal Act, 18 U.S.C. § 924 (e), because it “extends beyond mere possession — the person has taken the extra step of having the weapon immediately accessible for use on another”). 6 On the other hand, we recently determined that mere possession of a firearm by a felon, in violation of 18 U.S.C. § 922 (g)(1), is not a “crime of violence” within the meaning of 18 U.S.C. § 3156 (a)(4). 7 See United States v. Johnson…
cited Cited "see" United States v. Kenrick Brown
11th Cir. · 2005 · signal: see · confidence high
See United States v. Gilbert, 138 F.3d 1371 (11th Cir.1998).
discussed Cited "see" United States v. Crawley
D. Kan. · 2002 · signal: see · confidence high
See United States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir.1998) (Held that the use of force is not an element to the offense of carrying a concealed firearm), cert. denied, 526 U.S. 1111 , 119 S.Ct. 1754 , 143 L.Ed.2d 787 (1999).
discussed Cited "see, e.g." United States v. Jorge Chica-Giler
11th Cir. · 2023 · signal: see also · confidence medium
See also United States v. Gilbert, 138 F.3d 1371, 1373 (11th Cir. 1998), abrogated on other grounds as recognized by United States v. Archer, 531 F.3d 1347, 1352 (11th Cir. 2008) (stating that in the con- text of an acceptance-of-responsibility reduction, “pleas on the eve of trial are not timely” because pleas at that time do not help the USCA11 Case: 22-13973 Document: 31-1 Date Filed: 11/15/2023 Page: 4 of 9 4 Opinion of the Court 22-13973 government avoid trial preparation or the district court manage its docket).
discussed Cited "see, e.g." United States v. Clinton Bernard Frazier-El (2×)
4th Cir. · 2000 · signal: compare · confidence medium
Compare United States v. Hall, 77 F.3d 398, 401 (11th Cir.1996) (carrying concealed weapon "is conduct that poses serious potential risk of physical injury and, so, falls under the [§ 924(e)(2)(B)] definition of violent felony"), and United States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir.1998) (same conclusion under U.S.S.G. § 4B1.2(1)), cert. denied, - U.S. -, 119 S.Ct. 1754 , 143 L.Ed.2d 787 (1999) with United States v. Whitfield, 907 F.2d 798, 800 (8th Cir.1990) (risk to others from carrying concealed weapon "is not so immediate” as to present serious risk of physical injury).
discussed Cited "see, e.g." United States v. Frazier-El
4th Cir. · 2000 · signal: compare · confidence medium
Compare United States v. Hall, 77 F.3d 398, 401 (11th Cir. 1996) (carrying concealed weapon "is conduct that poses serious potential risk of physical injury and, so, falls under the [§ 924(e)(2)(B)] definition of violent felony"), and United States v. Gilbert, 138 F.3d 1371, 1372 (11th Cir. 1998) (same conclusion under U.S.S.G. § 4B1.2(1)), cert. denied, 119 S. Ct. 1754 (1999) with United States v. Whitfield, 907 F.2d 798, 800 (8th Cir. 1990) (risk to others from carrying concealed weapon "is not so immediate" as to present serious risk of physical injury). 14 To establish that Frazier-El wa…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Ezell GILBERT, Defendant-Appellant
97-2401.
Court of Appeals for the Eleventh Circuit.
Apr 15, 1998.
138 F.3d 1371
1998 U.S. App. LEXIS 7489
1998 WL 175323
Timothy J. Fitzgerald, Farmer & Fitzgerald, Tampa, FL, for Defendant-Appellant., Charles Wilson, U.S. Atty., Tamra Phipps and Susan H. Rothstein-Youakim, Assts. U.S. Attys., Tampa, FL, for Plaintiff-Appel-lee.
Cox, Black, Hull.
Cited by 61 opinions  |  Published
PER CURIAM:

Ezell Gilbert was convicted, following a plea of guilty, of possession with intent to deliver cocaine base and possession with intent to deliver marijuana, both in violation of 21 U.S.C. 841(a)(1). He appeals his 292-month sentence, raising three issues. We affirm.

1. Career Offender Status

The district court sentenced Gilbert as a career offender under U.S.S.G. § 4B1.1. To qualify as a career offender, a defendant must have been convicted of at least two “crimes of violence” or drug crimes. See id. Gilbert clearly had one — he was previously convicted of possession of cocaine with intent to distribute. But Gilbert contends that the second crime on which the district court relied, carrying a concealed firearm in violation of Florida law, is not a “crime of violence,” and that he should therefore not be sentenced as a career offender. This court reviews a district court’s interpretation of the Sentencing Guidelines de novo. See United States v. Spell, 44 F.3d 936, 938 (11th Cir. 1995).

Although this court has never reached the precise question whether carrying a concealed firearm is a “crime of violence” as defined by U.S.S.G. § 4B1.2(1), it has posted the road signs leading the way. There are two ways for a crime to be a “crime of violence” under § 4B1.2(1): either the offense has an element of force or attempted force, or it “is burglary of a dwelling, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.” U.S.S.G. § 4B1.2(l)(ii)(1995). The elements of a concealed firearm offense do not include any use of force; knowing carrying and concealment suffice. See Smith v. State, 687 So.2d 875, 878 (Fla.App.2d Dist.1997). Carrying a concealed firearm, therefore, is a “crime of violence” only if it “presents a serious potential risk of physical injury.”

The same language concerning a “serious potential risk” appears in the federal armed career criminal statute, 18 U.S.C. § 924(e), where it is an element of a “violent felony.” Construing that section, this court has held that carrying a concealed weapon is conduct that poses a serious potential risk of injury. See United States v. Hall, 77 F.3d 398, 401 (11th Cir.1996). Because the definitions of “violent felony” and “crime of violence” are in this respect identical, Hall’s conclusion applies equally to the question at hand here. Cf. United States v. Patton, 114 F.3d 174, 176 (11th Cir.1997) (extending Hall’s reasoning to the definition of “crime of violence” in § 4B1.2(1)). We thus hold that carrying a concealed weapon in violation of Florida law is a “crime of violence” under U.S.S.G. § 4B1.2(1). Gilbert was properly sentenced as a career offénder.

2. Refusal to Depart Downward

At Gilbert’s sentencing hearing, the court expressed frustration at the sentence it[*1373] was required to impose for Gilbert’s small-scale drug dealing, enhanced by one previous instance of small-scale dealing and a concealed firearm offense:

The fact that I think the sentence is too high is immaterial. Maybe I shouldn’t say what I think, but Congress has gone too far. For us to pay for this man to be in jail 24 years is ridiculous when it runs $30,000 a year. I can see that money going for other things. How do we curb him? I don’t know. But I hate spending $30,000 a year for the next 24 years for him. He doesn’t deserve it. I’d rather spend that money on some poor child, some poor person, sick person, some deprived person.
But I don’t see any authority under the law for me to downwardly depart. So, counsel, I have given you reversible error if you can convince the Eleventh Circuit that I’m wrong.

(R.3 at 4-5.) Gilbert asserts that the district court found that Gilbert’s criminal history was overstated, and that the court accordingly had authority to depart downward under U.S.S.G. § 4A1.3. Although a discretionary refusal to depart downward is not appealable, we may consider de novo whether the district court had authority to depart if the refusal to depart downward was based on the district court’s perceived lack of authority. United States v. Fossett, 881 F.2d 976, 979 (11th Cir.1989).

Gilbert is correct that the district court could have departed downward if it had found Gilbert’s criminal history to be overrepresented. See U.S.S.G. § 4A1.3 (policy statement) (downward departure may be appropriate for defendant with extensive history of petty crime); United States v. Lindia, 82 F.3d 1154, 1165 (1st Cir.1996). But the record does not reveal such a finding. The court’s statement followed Gilbert’s counsel’s argument that the court should depart downward because of Gilbert’s overrepresented criminal history. Even so, the district court did not suggest that Gilbert’s criminal history did not accurately reflect the seriousness of his conduct. Rather, the court simply conveyed its discontent with the policy choices that Congress has made in imposing high sentences for relatively minor crimes, thus requiring spending for prisons instead of more constructive programs. Disagreement with the policy choices underlying the Sentencing Guidelines and sentencing statutes is not a ground for downward departure, and the court properly determined that it lacked authority to depart downward. See United States v. Gonzalez-Lopez, 911 F.2d 542, 551 (11th Cir.1990).

3. Extra Acceptance-of-Responsibility Point

The district court awarded Gilbert a two-point reduction in his offense level for acceptance of responsibility. Gilbert contends, however, that he is entitled to a three-point reduction under U.S.S.G. § 3El.l(b) either because he timely provided information to the Government concerning his offense, U.S.S.G. § 3E1.1(b)(1), or because he timely notified the Government of his intention to plead guilty, U.S.S.G. § 3El.l(b)(2). The timeliness of these acts is an issue of fact, the resolution of which we review for clear error only. See United States v. McConaghy, 23 F.3d 351, 353 (11th Cir.1994).

Apart from a bare assertion that he spoke to the DEA, there is no record evidence to suggest that Gilbert provided any information to the Government concerning his offense, and we thus reject his challenge based on that ground. The question of the timeliness of Gilbert’s guilty plea requires a little more discussion.

Gilbert- was indicted on December 1, 1995. He was arraigned on January 18, 1996. On January 24, trial was set for March 4. On February 13, he moved to suppress evidence. The court denied this motion on March 1, and on March 4 — the day of trial — Gilbert pleaded guilty. There is no record evidence of when Gilbert notified the Government of an intent to plead guilty, but the record shows that the Government filed an exhibit list and notice of prior convictions on March 1.

As a general rule, pleas on the eve of trial are not timely. See United States v. Kimple, 27 F.3d 1409, 1413 (9th Cir.1994); United States v. Donovan, 996 F.2d 1343, 1345 (1st Cir.1993). Pleas at that time do not help either the Government to avoid, trial preparation or the court to manage its schedule[*1374] efficiently, the two purposes served by the § 3El.l(b) additional one-point reduction. See McConaghy, 23 F.3d at 353.

Gilbert contends nonetheless that in his case he pleaded guilty very soon after the denial of his motion to suppress, and that the plea was therefore timely; to conclude otherwise, he contends, would penalize him for exercising a right to seek suppression of evidence. Not so. First, this court has declined to consider the Guidelines’ limitations on some offense-level reductions to be improper penalties for exercise of legal rights. See United States v. Smith, 127 F.3d 987, 989 (11th Cir.1997). Second, looking at the timeliness of the plea solely from the defendant’s perspective (as Gilbert suggests), without taking into account the obvious fact that the Government had to prepare for trial and therefore did not benefit from avoiding trial preparation, defeats the purpose of § 3El.l(b)’s incentive to plead early. It is after all a rare case when the defendant does not plead as soon as he believes it convenient and appropriate for him to do so. Thus, if the defendant’s trial strategy (such as a choice to file a motion to suppress) is given undue weight, a guilty plea would almost always warrant a three-point reduction regardless of whether § 3El.l(b)’s purposes have been served. To avoid this result, district courts should give more weight to the state of the Government’s trial preparation than to the defendant’s position or strategy. [1] So considered, the district court’s finding that the plea was not timely is not clearly erroneous.

For the foregoing reasons, Gilbert’s sentence is affirmed.

AFFIRMED.

1

. Of course, in the unusual circumstances that the defendant’s delay is caused only by his counsel's proven need to investigate the propriety of pleading guilty, McConaghy requires that the cause for the defendant’s delay figure into the timeliness assessment. See McConaghy, 23 F.3d at 354. No such circumstances have been shown here.