United States v. Harris ( 1996 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 95-5484
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ALBERT HARRIS, a/k/a Junebug,
Defendant - Appellant.
Appeal from the United States District Court for the Southern Dis-
trict of West Virginia, at Charleston. Charles H. Haden II, Chief
District Judge. (CR-95-10)
Submitted: January 11, 1996 Decided: January 29, 1996
Before RUSSELL, HALL, and WILKINSON, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Jane Charnock, CHARNOCK & CHARNOCK, Charleston, West Virginia, for
Appellant. Rebecca A. Betts, United States Attorney, Miller A.
Bushong, III, Assistant United States Attorney, Charleston, West
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Albert Harris pled guilty to conspiracy to distribute crack
cocaine, 21 U.S.C.A. § 846 (West Supp. 1995), and received a
sentence of 87 months imprisonment. He contends on appeal that the
district court erred in finding that he had not accepted responsi-
bility for his offense. United States Sentencing Commission, Guide-
lines Manual, § 3E1.1 (Nov. 1994). Finding no error, we affirm the
sentence.
Following his guilty plea, Harris was released on bond. He
subsequently tested positive on three occasions for cocaine use.
His bond was revoked. At sentencing, the district court determined
that Harris's continued criminal conduct was inconsistent with
acceptance of responsibility. The court's factual finding was not
clearly erroneous. See United States v. Kidd, 12 F.3d 30, 34 (4th
Cir. 1993) (continued criminal conduct may be basis for denial of
adjustment), cert. denied, ___ U.S. ___, 62 U.S.L.W. 3705 (U.S.
Apr. 25, 1994) (No. 93-8489).
Accordingly, the sentence imposed by the district court is
affirmed. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before
the court and argument would not aid the decisional process.
AFFIRMED
2