United States v. Escamilla

United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS December 16, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 04-40329
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALBERTO ESCAMILLA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:02-CR-175-1-RC-ESH
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Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
PER CURIAM:*
Alberto Escamilla appeals from his conviction of possessing
with intent to distribute crack cocaine and carrying a firearm
during a drug-trafficking offense. He contends solely that the
district court should have adjusted his offense level for
acceptance of responsibility.
The testimony of Investigator Tyree Beals, which was
corroborated by other evidence, provided support for the district
court’s determination that Escamilla was not entitled to an
adjustment for acceptance of responsibility. Because there was a
*
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this opinion should not be published and is not precedent except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. 04-40329
-2-
foundation for the district court’s determination, we do not
disturb that determination. United States v. Washington, 340
F.3d 222, 227 (5th Cir.), cert. denied, 124 S. Ct. 942 (2003).
AFFIRMED.