United States v. Baker ( 2023 )

Case: 23-60010 Document: 00516953115 Page: 1 Date Filed: 11/01/2023
United States Court of Appeals
for the Fifth Circuit
____________
United States Court of Appeals
Fifth Circuit
No. 23-60010
Summary Calendar FILED
____________ November 1, 2023
Lyle W. Cayce
United States of America, Clerk
Plaintiff—Appellee,
versus
Cadrius Baker,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 3:20-CR-97-1
______________________________
Before Barksdale, Engelhardt, and Wilson, Circuit Judges.
Per Curiam: *
Following a bench trial, Cadrius Baker was convicted of: making a
false statement while acquiring, or attempting to acquire, a firearm; making
a false statement concerning information in an official record; and possession
of a firearm by a prohibited person, in violation of 18 U.S.C. §§ 922(a)(6),
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
Case: 23-60010 Document: 00516953115 Page: 2 Date Filed: 11/01/2023
No. 23-60010
(n), and 924(a)(1)(A). He contends the district court erred by denying his
request for a Guideline § 3E1.1 adjustment for acceptance of responsibility.
Because the sentencing court is in a unique position to evaluate
defendant’s acceptance of responsibility, great deference is afforded the
court’s finding: our court will “affirm the denial of a reduction for
acceptance of responsibility unless it is without foundation, a standard of
review more deferential than the clearly erroneous standard”. United States
v. Lord, 915 F.3d 1009, 1017 (5th Cir. 2019) (citation omitted); see Guideline
§ 3E1.1 cmt. n.5.
Baker does not meet this standard. The court’s rejection of the
requested adjustment was based on an implicit adverse credibility finding we
will not disturb. See United States v. Spires, 79 F.3d 464, 467 (5th Cir. 1996)
(explaining decisions concerning acceptance of responsibility will almost
always be upheld because they are heavily dependent on credibility
determinations).
AFFIRMED.
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