United States v. Whorton

79 F. App'x 1

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 20, 2003
• Docket: 02-21341
• Status: Unpublished

Opinion

PER CURIAM: *

Steven Dale Whorton appeals from his sentence for bank robbery. "Whorton contends that the district court erred by adjusting his offense level for obstruction of justice, pursuant to U.S.S.G. § 3C1.1.

"Whorton’s adjustment was based on an attempt to escape by scraping mortar from the bricks near his bed, then covering the scraped area with toothpaste. The district court’s finding that "Whorton had attempted to obstruct justice was not clearly erroneous. See United States v. Upton, 91 F.3d 677, 687 (5th Cir.1996). Nothing in the record indicates a connection between mental-health or drug-abuse issues and "Whorton’s actions. Rather, the evidence indicates that "Whorton acted on a desire to escape and covered up his actions. Whorton “ Voluntarily and intentionally’ attempted to escape, which satisfies the ‘will-fullness’ requirement under U.S.S.G. § 3C1.1.” United States v. Cisneros, 112 F.3d 1272, 1280 (5th Cir.1997).

AFFIRMED.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.