United States v. Taylor

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-40773 Conference Calendar __________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RODERICK KENYARDEN TAYLOR,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:95-CR-59 - - - - - - - - - - April 16, 1996 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

Roderick Kenyarden Taylor appeals his sentence for

misprision of a felony. He argues that he was effectively denied

his right to counsel during the presentence interview. This

argument is without merit. See United States v. Bounds, 985 F.2d

188, 194 (5th Cir.), cert. denied, 114 S. Ct. 135 (1993). Taylor

also argues that the district court erred by refusing to adjust

his offense level for acceptance of responsibility. In light of

the district court's findings -- Taylor denied his criminal

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-40773 -2-

involvement during the presentence interview and Taylor

understood the interview questioning -- and in light of the

deferential standard of review, the district court did not

clearly err. See United States v. Vital, 68 F.3d 114, 121 (5th

Cir. 1995).

AFFIRMED.