United States v. McDaniel ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-41005
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JEFFERY MCDANIEL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:00-CR-49-ALL
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February 21, 2002
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Jeffery McDaniel appeals his sentence following his guilty
plea conviction for being a felon in possession of a firearm. He
argues that he was entitled to an acceptance-of-responsibility
adjustment to his offense level and that his repeated drug use
while on pretrial release was attributable to his being an addict
such that it should not have prevented him from being credited
with the adjustment.
McDaniel’s argument is foreclosed by this court’s decisions
in United States v. Flucas, 99 F.3d 177, 180 (5th Cir. 1996), and
United States v. Rickett, 89 F.3d 224, 227 (5th Cir. 1996).
*
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this opinion should not be published and is not precedent except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.
No. 01-41005
-2-
AFFIRMED.