United States v. Edgar Arteaga-Rios ( 2019 )

Case: 18-40301 Document: 00514886602 Page: 1 Date Filed: 03/25/2019
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 18-40301 FILED
Summary Calendar March 25, 2019
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
EDGAR ARTEAGA-RIOS,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:17-CR-435-1
Before JONES, HIGGINSON, and WILLETT, Circuit Judges.
PER CURIAM: *
Edgar Arteaga-Rios appeals his sentence for possession with intent to
distribute more than 100 kilograms of marijuana. He argues that he was
entitled to a reduction in his sentence pursuant to § 3E1.1 of the Sentencing
Guidelines because he accepted responsibility for his crime by timely pleading
guilty and admitting his relevant conduct. Arteaga-Rios participated in an
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 18-40301 Document: 00514886602 Page: 2 Date Filed: 03/25/2019
No. 18-40301
assault on other inmates in the detention center in which he was being held
awaiting sentencing.
The district court declined to award an adjustment for acceptance of
responsibility because Arteaga-Rios had not voluntarily withdrawn from
criminal conduct. See § 3E1.1, comment. (n.1(B)); United States v. Watkins,
911 F.2d 983, 985 (5th Cir. 1990). The district court’s determination was not
without foundation and was not plainly erroneous. See Watkins, 911 F.2d at
985; United States v. Guerrero-Robledo, 565 F.3d 940, 946 (5th Cir. 2009). The
judgment of the district court is AFFIRMED.
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