United States v. Hunt ( 2000 )

No. 99-40977
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40977
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SIDNEY HUNT,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:98-CR-91-1
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February 16, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Sidney Hunt appeals the sentence imposed following his
guilty plea conviction of possession with intent to distribute
crack cocaine, in violation of 21 U.S.C. § 841(a)(1). Hunt
argues that the district court erred by denying him a three-level
downward adjustment in his offense level for acceptance of
responsibility. See U.S.S.G. § 3E1.1 (a) & (b). Hunt argues
that he is entitled to the adjustment because he took
responsibility for his actions by pleading guilty of the offense.
*
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that this opinion should not be published and is not precedent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. 99-40977
-2-
The defendant bears the burden of demonstrating that he is
entitled to the offense level reduction. See United States v.
Flucas, 99 F.3d 177, 180 (5th Cir. 1996). “The entry of a guilty
plea prior to trial is significant evidence of acceptance of
responsibility, but does not entitle the defendant to a reduction
as a matter of right.” United States v. Rickett, 89 F.3d 224,
227 (5th Cir. 1996). In determining whether a defendant has
accepted responsibility for his crime, the district court should
consider whether the defendant has voluntarily terminated or
withdrawn from criminal conduct or associations. See id.;
§ 3E1.1, comment (n.1(b)).
The district court did not err in determining that Hunt was
not entitled to the downward adjustment because he failed to
withdraw from criminal conduct while he was on bond pending
trial. Hunt admitted to using cocaine, submitted two urine
samples which tested positive for cocaine, was arrested for and
pleaded guilty of possession of drug paraphernalia, and failed to
report his arrest to his pretrial services officer. See Flucas,
99 F.3d at 179-80; Rickett, 89 F.3d at 227.
AFFIRMED.