United States v. Galindo

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 2, 2009
No. 08-40673
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
RICARDO ADOLFO GALINDO
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:08-CR-154-1
Before HIGGINBOTHAM, BARKSDALE, and ELROD, Circuit Judges.
PER CURIAM:*
Ricardo Adolfo Galindo pleaded guilty to a single count of transporting an
illegal alien, a violation of 8 U.S.C. § 1324. He was sentenced to 60 months of
imprisonment. Galindo appeals the district court’s finding that he failed to
accept responsibility for his offense and the resulting denial of a reduction in his
guidelines sentencing range under U.S.S.G. § 3E1.1.
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-40673
The district court’s interpretation and application of the Guidelines is
reviewed de novo, and its factual findings are reviewed for clear error.1 A
finding that a defendant has not accepted responsibility is examined “under a
standard of review even more deferential than a pure clearly erroneous
standard.” 2 This is because the district court’s determination turns so much on
its own credibility and fact determinations. We will affirm the denial of a
downward adjustment for acceptance responsibility under U.S.S.G. § 3E1.1
unless the denial is without foundation.3
Galindo’s statements suggest that he was attempting to minimize his
conduct. We have held that a defendant’s attempt to minimize her conduct
provides a sufficient foundation for the denial of a reduction for acceptance of
responsibility. 4 Galindo has not shown that the district court clearly erred by
denying a reduction for acceptance of responsibility.5
AFFIRMED.
1
U.S. v. Cisneros-Gutierrez, 517 F.3d 751, 764 (5th Cir. 2008).
2
U.S. v. Cano-Guel, 167 F.3d 900, 906 (5th Cir. 1999) (internal quotation marks
omitted).
3
U.S. v. Solis, 299 F.3d 420, 458 (5th Cir. 2002).
4
See U.S. v. Cabrera, 288 F.3d 163, 175-77 (5th Cir. 2002).
5
See Cano-Guel, 167 F.3d at 906.
2