United States v. Phillip J. Touche

U.S. Court of Appeals for the Eighth Circuit
United States v. Phillip J. Touche, 2 F. App'x 655 (8th Cir. 2001)

United States v. Phillip J. Touche

Opinion

PER CURIAM.

The defendant, Phillip Joseph Touche, Jr., pleaded guilty to a one-count indictment charging him with involuntary manslaughter in violation of 18 U.S.C. §§ 1153 and 1112. At sentencing, the District Court 1 denied defendant’s request that he be given a two-level reduction for acceptance of responsibility pursuant to U.S. Sentencing Guidelines § 3El.l(a). Mr. Touche appeals, and we affirm.

The sentence imposed was 33 months. The crime involved the death of a passenger in a car driven by the defendant, who was intoxicated at the time. Initially, defendant was released on bond, and agreed that he would refrain from any use of alcohol. Either that day or the next defendant was arrested by the Lower Brule Police Department, and a blood-alcohol test showed him with a level of .180. Defendant’s bond was then revoked.

As its reason for denying the aceeptanee-of-responsibility reduction, the District Court cited defendant’s conduct in drinking to excess immediately after his release on bond. We see no error of law or abuse of discretion in this situation. See United States v. Goings, 200 F.3d 539 (8th Cir. 2000). Accordingly, we affirm.

1

. The Hon. Richard H. Battey, United States District Judge for the District of South Dakota.

Reference

Full Case Name
UNITED STATES OF AMERICA, Appellee, v. Phillip Joseph TOUCHE, Jr., Appellant
Status
Unpublished