Opinion
No. 06-10868, Summary Calendar.
April 24, 2007.
Camille Elizabeth Sparks, U.S. Attorney's Office, Northern District of Texas, Fort Worth, TX, for Plaintiff-Appellee.
Ray Ray Velarde, El Paso, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Northern District of Texas, USDC No. 4:06-CR-26-ALL.
Before REAVLEY, WIENER and DENNIS, Circuit Judges.
Noe Becerra, Jr., appeals the sentence imposed following his guilty-plea conviction of possessing with the intent to distribute marijuana. He argues that he accepted responsibility for his offense and challenges the district court's decision to deny him a three-point downward adjustment in his base offense level pursuant to U.S.S.G. § 3E1.1(a) and (b).
Becerra failed to truthfully admit all of the conduct comprising his offense of conviction when he refused to reveal the source of the marijuana he possessed. See United States v. Tellez, 882 F.2d 141, 143 (5th Cir. 1989). In addition, Becerra acted in a manner inconsistent with an acceptance of responsibility by refusing to discuss his offense or relevant conduct with the probation officer who prepared his presentence report. See United States v. Nevarez-Arreola, 885 F.2d 243, 245-46 (5th Cir. 1989). The district court's decision to deny the adjustment was not without foundation. See United States v. Hooten, 933 F.2d 293, 297-98 (5th Cir. 1991). The judgment of the district court is AFFIRMED.