United States v. Franklin

311 F. App'x 702

• Court: Court of Appeals for the Fifth Circuit
• Decided: February 18, 2009
• Docket: 08-30406
• Status: Unpublished

Opinion

PER CURIAM: *

Edwin L. Franklin appeals the sentence imposed following his guilty plea conviction of making fraudulent claims for Hurricane Katrina-related disaster relief to the Fed eral Emergency Management Agency (FEMA) and with making false representations to FEMA in connection with the fraudulent claims. Franklin argues that the district court erred by denying him a two-level downward adjustment pursuant to U.S.S.G. § 3E1.1 based on acceptance of responsibility.

The district court denied the downward adjustment due to Franklin’s repeated use of drugs while awaiting sentencing. The district court’s determination that Franklin’s drug use was inconsistent with the acceptance of responsibility is not without foundation. See United States v. Juarez-Duarte, 513 F.3d 204, 211 (5th Cir.), cert. denied, — U.S. -, 128 S.Ct. 2452, 171 L.Ed.2d 248 (2008); United States v. Watkins, 911 F.2d 983, 984-85 (5th Cir.1990).

AFFIRMED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.