United States v. Henry Stuckey

519 F. App'x 502

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 21, 2013
• Docket: 12-10456
• Status: Unpublished

Opinion

MEMORANDUM **

Henry Stuckey appeals from the district court’s judgment and challenges the 137-month sentence imposed following his guilty-plea conviction for mail fraud, in violation of 18 U.S.C. § 1241; wire fraud, in violation of 18 U.S.C. § 1343; and simple assault, in violation of 18 U.S.C. § 111(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Stuckey contends that the district court erred by denying him a three-level reduction for acceptance of responsibility under U.S.S.G. § 3E1.1. We review for clear error the district court’s decision to deny a reduction for acceptance of responsibility. See United States v. Fleming, 215 F.3d 930, 939 (9th Cir.2000).

The district court did not clearly err in declining to grant a reduction for acceptance of responsibility because the record reflects that, during the sentencing hearing, Stuckey sought to minimize the extent of his criminal culpability and fraudulent intent. See id. at 940 (concluding that a defendant who “maintained that he acted with an empty head but a pure heart” did not accept responsibility for his offense).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.