United States v. Rodney White

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 31, 1997
• Docket: 96-3575
• Status: Unpublished

Opinion

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No. 96-3575 ___________

United States of America, * * Appellee, * * v. * Appeal from the United States * District Court for the Rodney White, also known as * Eastern District of Missouri. Rodney Members, also know as * Paul Rogers, * [UNPUBLISHED] * Appellant. *

Submitted: January 23, 1997

Filed: January 31, 1997 ___________

Before HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges. ___________

PER CURIAM.

Rodney White appeals the 60-month sentence imposed by the district 1 court after he pleaded guilty to conspiracy to commit credit card fraud, in violation of 18 U.S.C. § 1029(a) and (b)(2). White argues he should have received an acceptance-of-responsibility reduction under U.S. Sentencing Guidelines Manual § 3E1.1 (1995).

We note that White fled from the police, gave false information upon his initial arrest, escaped and eluded recapture for over a year, pleaded guilty only six days before his scheduled trial, and received an obstruction-of-justice enhancement under

1 The Honorable Carol E. Jackson, United States District Judge for the Eastern District of Missouri. U.S. Sentencing Guidelines Manual § 3C1.1 (1995). We conclude the district court did not clearly err by denying White an acceptance-of-responsibility reduction. See United States v. Nguyen, 52 F.3d 192, 194 (8th Cir. 1995) (standard of review); U.S. Sentencing Guidelines Manual § 3E1.1, comment. (n.1(d)) (considerations include whether defendant promptly and voluntarily surrendered to police), (n.4) (absent extraordinary circumstances, § 3C1.1 enhancement precludes § 3E1.1 reduction) (1995).

Accordingly, we affirm.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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