United States v. Edwards

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-41093
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROSCOE EDWARDS, III,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-00-CR-150-1
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October 26, 2001
Before JONES, SMITH, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Roscoe Edwards, III, appeals his sentence after pleading
guilty to possession with intent to distribute approximately 35
kilograms of marijuana. He argues that the district court erred
in denying him a reduction for acceptance of responsibility. He
also argues that the standard of review in his case should be
less deferential than usual because the district court, in
denying his request for an acceptance-of-responsibility
reduction, failed to make any credibility determinations in the
face of opposing proffers from the parties.
*
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that this opinion should not be published and is not precedent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. 00-41093
-2-
Edwards has not shown that his case warrants an atypical
standard of review. Edwards failed to present competent evidence
to rebut information in his presentence report (PSR), which
indicated that he had tested positive for drug usage on two
different occasions while on release pending sentencing. See
United States v. Huerta, 182 F.3d 361, 364-65 (5th Cir. 1999).
In the absence of proper rebuttal evidence, the district court
was free, as it did, to rely on the information in the PSR
without further inquiry. See id. at 365. Given the information
in the PSR, the district court did not err in denying Edwards a
reduction for acceptance of responsibility. See United States v.
Watkins, 911 F.2d 983, 984-85 (5th Cir. 1990).
AFFIRMED.