U.S. Court of Appeals for the Fourth Circuit, 1999

United States v. R. Dominguez

United States v. R. Dominguez
U.S. Court of Appeals for the Fourth Circuit · Decided August 17, 1999

United States v. R. Dominguez

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-4898

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus

RAUL DOMINGUEZ, Defendant - Appellant.

Appeal from the United States District Court for the Middle Dis- trict of North Carolina, at Durham. William L. Osteen, District Judge. (CR-98-191)

Submitted: July 30, 1999 Decided: August 17, 1999

Before ERVIN, WILKINS, and MICHAEL, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Bryan Emery Gates, Jr., Winston-Salem, North Carolina, for Appel- lant. Walter C. Holton, Jr., United States Attorney, Arnold L.

Husser, Assistant United States Attorney, Greensboro, North Caro- lina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Raul Dominguez was convicted following a jury trial of con- spiracy to distribute marijuana in violation of 21 U.S.C. § 846 (1994) (Count I), and possession with intent to distribute mari- juana in violation of 21 U.S.C. § 841 (1994) (Count V). Dominguez was sentenced to seventy-eight months’ imprisonment and sixty months’ imprisonment respectively, to be served concurrently, five years’ supervised release on Count I to be served concurrently to three years’ supervised release on Count V, and a $200 special assessment. Finding no error, we affirm.

On appeal, Dominguez contends that the district court erred in not awarding a reduction in his base offense level for acceptance of responsibility under U.S. Sentencing Guidelines Manual § 3E1.1 (1997). We find that the district court’s denial of the reduction for acceptance of responsibility was not clearly erroneous. See United States v. Castner, 50 F.3d 1267, 1279-80 (4th Cir. 1995).

Accordingly, we affirm Dominguez’s sentence. We dispense with oral argument because the facts and legal contentions are adequate- ly presented in the materials before the court and argument would not aid in the decisional process.

AFFIRMED

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