United States v. Brack
Opinion
*338 OPINION
Tiffanie Anita Brack appeals her thirty-four month sentence for one count of credit card fraud in violation of 18 U.S.C. § 1029 (1994). Finding no reversible error, we affirm.
On appeal, Brack claims that the district court erred by denying her a reduction for acceptance of responsibility pursuant to U.S. Sentencing Guidelines Manual (“USSG”) § 3E1.1. We review a district court’s determination as to whether a defendant is entitled to such a reduction with great deference for clear error. United States v. Nale, 101 F.3d 1000, 1005 (4th Cir. 1996).
Because there was evidence that Brack continued to violate the law and engage in deceptive conduct while she was released on bond before her sentencing hearing, we cannot conclude that the district court clearly erred in its determination. A defendant who pleads guilty and truthfully admits her conduct may still lose the adjustment through other conduct that is inconsistent with such acceptance of responsibility. See USSG § 3E1.1, cmt. n. 3.
Accordingly, we affirm Brack’s conviction and sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellee, v. Tiffanie Anita BRACK, Defendant-Appellant
- Status
- Unpublished