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

United States v. Cruz

United States v. Cruz
U.S. Court of Appeals for the Fifth Circuit · Decided October 20, 1999

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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