United States v. Blackmon

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 4, 2004
• Docket: 03-41175
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT May 4, 2004

Charles R. Fulbruge III Clerk No. 03-41175 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

TIMOTHY M. BLACKMON,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:02-CR-97-2 --------------------

Before DUHÉ, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:1

Timothy M. Blackmon appeals the sentence he received after he

pleaded guilty to possession with intent to distribute cocaine in

violation of 21 U.S.C. § 841(a). Blackmon argues that the district

court erred when it denied him a two-level adjustment in his base

offense level pursuant to U.S.S.G. § 3E1.1 for acceptance of

responsibility. Given that Blackmon was not sufficiently

forthcoming in his first conversation with the probation officer,

the district court’s denial of the adjustment should not be

1 Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. disturbed. United States v. Medina-Anicacio, 325 F.3d 628, 648

(5th Cir. 2003); United States v. Washington, 320 F.3d 322, 327

(5th Cir.), cert. denied, 124 S. Ct. 942 (2003).

AFFIRMED.