United States v. Cruz
United States v. Cruz
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 99-20379 Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
VICTOR SANTA CRUZ,
Defendant-Appellant.
-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CR-414-1 --------------------
October 19, 1999
Before JONES, SMITH, and STEWART, Circuit Judges.
PER CURIAM:*
Victor Santa Cruz pleaded guilty to possession with intent
to distribute five or more kilograms of cocaine in violation of
21 U.S.C. § 841(a)(1) & (b)(1)(A). Santa Cruz argues that the
district court erred in denying an additional one-point reduction
in his offense level for acceptance of responsibility. Because
Santa Cruz did not enter his guilty plea until after the district
court held a hearing on his motion to suppress evidence, which
required full preparation of the Government and the allocation of
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-20379 -2-
the district court’s resources, the district court did not err in
denying an additional one-point reduction for acceptance of
responsibility under § 3E1.1(b)(2) of the United States
Sentencing Guidelines. See United States v. Gonzales,
19 F.3d 982, 984(5th Cir. 1994).
AFFIRMED.
Reference
- Status
- Unpublished