United States v. Moreno-Castillo ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20089
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
EFREN MORENO-CASTILLO
Defendant - Appellant
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-99-CR-488-1
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October 4, 2000
Before KING, Chief Judge, and JONES and STEWART, Circuit Judges.
PER CURIAM:*
Efren Moreno-Castillo (Moreno) has appealed the sentence
which he received upon pleading guilty of possessing cocaine with
intent to distribute it. We AFFIRM.
Moreno contends that the district court reversibly erred by
denying him sentencing credit for acceptance of responsibility,
as provided by U.S.S.G. § 3E1.1. The district court based its
ruling on a finding that at his presentence interview, Moreno
asserted falsely that he had agreed to sell only two kilograms of
cocaine rather than six. The court’s finding of Moreno’s
*
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that this opinion should not be published and is not precedent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. 00-20089
-2-
involvement with six kilograms of cocaine is supported by tape
recordings of the transaction, as Moreno conceded in his
objections to the presentence report. Such misrepresentations
disqualify a defendant from receiving credit for acceptance of
responsibility. See United States v. Salinas, 122 F.3d 5, 7 (5th
Cir. 1997).
AFFIRMED.