United States v. Denisha Pore , 591 F. App'x 276 ( 2015 )

Case: 14-60167 Document: 00512914937 Page: 1 Date Filed: 01/26/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 14-60167
Fifth Circuit
FILED
Summary Calendar January 26, 2015
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
DENISHA PORE, also known as Denisha Turnage, also known as Denisha House,
also known as Nicole Pore,
Defendant-Appellant
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 3:13-CR-21-1
Before REAVLEY, DENNIS, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Denisha Pore pled guilty to one count of wire fraud and was sentenced
to 125 months in prison. On appeal, she contends that the district court erred
by refusing to grant an offense-level reduction for acceptance of responsibility.
We will affirm the sentencing court’s decision not to give credit for
acceptance of responsibility “unless it is without foundation, a standard of
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-60167 Document: 00512914937 Page: 2 Date Filed: 01/26/2015
No. 14-60167
review more deferential than the clearly erroneous standard.” United States
v. Juarez-Duarte, 513 F.3d 204, 211 (5th Cir. 2008) (internal quotation marks
and citation omitted). The record shows that Pore violated a condition of
pretrial release by possessing a computer. More significantly, the presentence
report recounted ample, reliable, and unrebutted evidence to show, for present
purposes, that Pore embarked on a new fraud scheme after her arrest for the
instant fraud offense. These are grounds for denying credit for acceptance of
responsibility. See United States v. Rickett, 89 F.3d 224, 227 (5th Cir. 1996).
The decision to deny credit for acceptance was not without a foundation. See
Juarez-Duarte, 513 F.3d at 211. The judgment is AFFIRMED.
2