United States v. James Ellis

37 F. App'x 833

• Court: Court of Appeals for the Eighth Circuit
• Decided: June 7, 2002
• Docket: 01-3957
• Status: Unpublished

Opinion

PER CURIAM.

James Ellis pleaded guilty to bank fraud, in violation of 18 U.S.C. §§ 1344 and 2. The district court, 1 after denying Ellis a 2-level acceptanee-of-responsibility reduction, sentenced him to 38 months imprisonment and 5 years supervised release. On appeal, Ellis argues that the district court erred in denying him the acceptance-of-responsibility reduction.

The district court did not clearly err in denying the reduction. See United States v. Perez, 270 F.3d 737, 739 (8th Cir.2001) (standard of review), cert. denied, — U.S. -, 122 S.Ct. 1336, 152 L.Ed.2d 241 (2002). The evidence at sentencing showed that after his arrest Ellis absconded from a halfway house, attempted to break into his former girlfriend’s residence, made threatening phone calls to her from jail, and received an obstruction-of-justice en hancement. See U.S.S.G. § 3E1.1, comment. (n.4); United States v. Martinez, 234 F.3d 1047, 1048 (8th Cir.2000) (per curiam); United States v. Ngo, 132 F.3d 1231, 1233 (8th Cir.1997).

Accordingly, we affirm.

1 . The Honorable David S. Doty, United States District Judge for the District of Minnesota.