U.S. v. Cross

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Barbara CROSS, aka/Sealed…

Court: United States Court of Appeals, Ninth Circuit

Date published: Jun 27, 2001

14 F. App'x 788 (9th Cir. 2001)

Opinion

14 Fed.Appx. 788 (9th Cir. 2001) UNITED STATES of America, Plaintiff-Appellee, v. Barbara CROSS, aka/Sealed 1, Defendant-Appellant. No. 00-30285. D.C. No. CR-00-05181-JET. United States Court of Appeals, Ninth Circuit. June 27, 2001

Argued and Submitted June 13, 2001.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Western District of Washington Jack E. Tanner, Senior District Judge, District Judge, Presiding.

Before B. FLETCHER, BRUNETTI, and FISHER, Circuit Judges.

MEMORANDUM ^*

* This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

Because Cross did not fully confess responsibility for her offense, the district court did not commit clear error when it determined that Cross was not entitled to a sentence adjustment for acceptance of responsibility pursuant to U.S. S.G. § 3E1.1. Nor did the court err by failing to

Page 789.

state the reasons underlying the sentence as required by 18 U.S.C. § 3553(c). The district court made a clear record when it adopted the sentencing category set forth in the presentence report. United States v. Upshaw, 918 F.2d 789, 792 (9th Cir.1990).

AFFIRMED.