The following excerpt is from United States v. Vargas, 961 F.3d 566 (2nd Cir. 2020):
2 While we owe, and give, no deference to the government's interpretation of criminal statutes, see Abramski v. United States , 573 U.S. 169, 191, 134 S.Ct. 2259, 189 L.Ed.2d 262 (2014) ("[C]riminal laws are for courts, not for the Government, to construe."), we also note that the government itself has not argued, either in the district court or here, that the district court was compelled to accept its representation that the conditions set by 3E1.1(b) were met, instead arguing on appeal that its assessment is not binding on the court.
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