United States v. Schexnayder

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40432
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
STEPHEN MARK SCHEXNAYDER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:97-CR-47-1
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June 16, 1999
Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Stephen Mark Schexnayder appeals the sentence following his
conviction for possession with the intent to distribute
marijuana. He argues that the district court erred by denying
him a sentence reduction for acceptance of responsibility.
Schexnayder violated the terms of his pretrial release by
testing positive for marijuana use and by failing to attend drug
*
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that this opinion should not be published and is not precedent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. 98-40432
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counseling. Under such circumstances, it was not clear error for
the district court to deny the acceptance-of-responsibility
adjustment. See United States v. Flucas, 99 F.3d 177, 180 (5th
Cir. 1996).
AFFIRMED.