United States v. Hubbard

5 F. App'x 252

Opinion

OPINION

PER CURIAM.

Tremayne Hubbard appeals from a thirty-month sentence imposed following his guilty plea to being an inmate in possession of an object that was designed and intended to be a weapon, 18 U.S.C. § 1791(a)(2) (1994). He claims that the district court clearly erred when it increased his offense level for obstruction of justice, U.S. Sentencing Guidelines Manual § 3C1.1 (1998), and when it refused to grant him a reduction in his offense level for his acceptance of responsibility, USSG § 3E1.1.

We have reviewed the record and find that there was sufficient evidence upon which a reasonable factfinder could determine that Hubbard obstructed justice. USSG § 3C1.1. We further find that Hubbard did not produce any evidence to prove that his guilty plea and testimony at the sentencing hearing constituted extraordinary circumstances such that the court should have granted a downward departure for his acceptance of responsibility. USSG § 3C1.1, comment, (n. 4); see United States v. Harris, 882 F.2d 902, 905-06 (4th Cir.1989). We therefore decline to disturb the district court’s refusal to award Hubbard a decrease in his offense level.

We affirm Hubbard’s conviction and sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.