United States v. Smith

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-30789
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAMES E. SMITH,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 99-CR-17-ALL
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December 14, 1999
Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.
PER CURIAM:*
James E. Smith appeals his guilty-plea conviction and
sentence for possession of a firearm by a convicted felon in
violation of 18 U.S.C. § 922(g)(1). He argues that the district
court erred by not granting him a downward adjustment for
acceptance of responsibility.
The district court’s determination regarding acceptance of
responsibility will be upheld unless it is without foundation.
See United States v. Anderson, 174 F.3d 515, 525 (5th Cir. 1999).
The district court credited testimony at the sentencing hearing
*
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this opinion should not be published and is not precedent except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. 99-30789
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that Smith intentionally possessed the gun and deliberately shot
Hokim Emile. Smith maintained that he found the gun on the
ground and it accidentally discharged. Considering the highly
deferential standard of review and the district court’s unique
ability to observe the witnesses and weigh their credibility
regarding the conflicting accounts of the events at issue, the
evidence was sufficient to support the district court's denial of
the adjustment for acceptance of responsibility. See U.S.S.G.
§ 3E1.1, comment. (n.1(a)); United States v. Spires, 79 F.3d 464,
467 (5th Cir. 1996); United States v. Kinder, 946 F.2d 362, 367
(5th Cir. 1991). Therefore, the judgment of the district court
is AFFIRMED.
AFFIRMED.