Opinion
No. 07-10929 Summary Calendar.
May 21, 2008.
Camille Elizabeth Sparks, U.S. Attorney's Office Northern District of Texas, Fort Worth, TX, for Plaintiff-Appellee.
John Steven Bush, Law Office of J. Steven Bush, Fort Worth, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Northern District of Texas, USDC No. 4:07-CR-3-12.
Before KING, DAVIS, and CLEMENT, Circuit Judges.
Teresa Smith appeals the 309-month sentence imposed following her guilty-plea conviction for conspiracy to distribute a controlled substance in violation of 21 U.S.C. § 846. The sole issue raised by Smith is whether the district court erred in denying her a downward adjustment for acceptance of responsibility under U.S.S.G. § 3E1.1. Smith contends that she demonstrated her acceptance of responsibility notwithstanding that she filed objections to the probation officer's drug-quantity determination.
Deferring to the trial court's unique position, this court examines the denial of a reduction for acceptance of responsibility under a standard of review even more deferential than a pure clearly erroneous standard. United States v. Outlaw, 319 F.3d 701, 705 (5th Cir. 2003). This court "will affirm a sentencing court's decision not to award a reduction under U.S.S.G. § 3E1.1 unless it is without foundation." United States v. Solis, 299 F.3d 420, 458 (5th Cir. 2002) (internal quotation marks and citation omitted).
The district court determined that Smith contested drug quantities that she knew she had received and therefore did not clearly demonstrate that she was entitled to a reduction for acceptance of responsibility. Because there was a foundation for the district court's determination, its finding is not clearly erroneous. See Outlaw, 319 F.3d at 705; Solis 299 F.3d at 458. Accordingly, Smith's sentence is AFFIRMED.