United States v. Parson

• Court: Court of Appeals for the Fifth Circuit
• Decided: January 22, 1998
• Docket: 97-40863
• Status: Unpublished

Opinion

UNITED STATES COURT OF APPEALS FIFTH CIRCUIT

_________________

No. 97-40863

(Summary Calendar) _________________

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

NICHOLAS BURNETT PARSON, also known as Nick,

Defendant - Appellant.

Appeal from the United States District Court For the Eastern District of Texas (6:96-CR-49-1)

January 20, 1998

Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Defendant-Appellant Nicholas Burnett Parson appeals his

sentence, following a guilty plea, for conspiracy to possess with

intent to distribute cocaine in violation of 21 U.S.C. § 846.

Parson’s contention that the district court was not authorized to

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. impose a two-level Sentencing Guideline enhancement for obstruction

of justice under U.S.S.G. § 3C1.1 in addition to a two-level

enhancement for reckless endangerment under § 3C1.2 is without

legal support. See United States v. Somner, 127 F.3d 405, 407-08

(5th Cir. 1997) (affirming sentence that included a two-level

enhancement under § 3C1.1 and a two-level enhancement under §

3C1.2); U.S.S.G. § 3C1.2, comment. (n.1); U.S.S.G. § 1B1.1,

comment. (n.4); U.S.S.G. App. C, Amendment 347. Furthermore, the

district court did not clearly err in determining that each of the

two-level enhancements was factually supported. See United States

v. Lugman, 130 F.3d 113, 115 (5th Cir. 1997); United States v.

Upton, 91 F.3d 677, 687 (5th Cir. 1996), cert. denied, 117 S. Ct.

1818 (1997).

AFFIRMED.

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