United States v. Guevara , 290 F. App'x 696 ( 2008 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 19, 2008
No. 07-50971
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JUAN HECTOR GUEVARA, II
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:07-CR-73-ALL
Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Juan Hector Guevara, II appeals the sentence imposed following his guilty
plea conviction of possession with intent to distribute less than 50 kilograms of
marijuana. Guevara argues that the district court erred in denying him an
adjustment under U.S.S.G. § 3E1.1 for acceptance of responsibility.
The district court denied the downward adjustment due to Guevara’s use
of drugs while on pretrial release. The district court determined that Guevara’s
drug use was not excused by the fact that a tornado had struck and damaged the
*
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should not be published and is not precedent except under the limited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. 07-50971
home where Guevara was staying. The district court’s determination that
Guevara’s drug use was inconsistent with the acceptance of responsibility is not
without foundation. See United States v. Juarez-Duarte, 513 F.3d 204, 211 (5th
Cir.), cert. denied, 128 S. Ct. 2452 (2008); United States v. Watkins, 911 F.2d 983,
984-85 (5th Cir. 1990).
AFFIRMED.
2