United States v. Pete C. Brown

33 F. App'x 241

• Court: Court of Appeals for the Eighth Circuit
• Decided: April 29, 2002
• Docket: 02-1015
• Status: Unpublished

Opinion

PER CURIAM.

Pete Christopher Brown pleaded guilty to willfully and knowingly stealing in excess of $1,000 belonging to the United States, in violation of 18 U.S.C. § 641. The district court 1 sentenced him to 18 months in prison and 3 years of supervised release, and imposed mandatory restitution of $3,000. On appeal, Brown argues the court should have granted an acceptance-of-responsibility reduction.

We conclude that the court did not clearly err in denying the reduction, because—even though Brown came forward and admitted his crime—-he had subsequently tested positive for drugs, failed to complete a drug treatment program as ordered, and failed to report to his pretrial services officer. See U.S.S.G. § 3El.l(a) (defendant may receive reduction if he “clearly demonstrates acceptance of responsibility for his offense”); United States v. Ervasti, 201 F.3d 1029, 1043 (8th Cir.2000) (standard of review); United States v. Byrd, 76 F.3d 194, 196-97 (8th Cir.1996) (sentencing judge may consider conduct unrelated to offense in determining whether defendant qualifies for acceptance-of-responsibility adjustment).

Accordingly, the judgment is affirmed.

A true copy.

1 . The Honorable Susan Webber Wright, Chief Judge, United States District Court for the Eastern District of Arkansas.