United States v. Hampton ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-11081
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BILLY WAYNE HAMPTON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:00-CR-130-2-D
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April 11, 2001
Before EMILIO M. GARZA, STEWART and PARKER, Circuit Judges.
PER CURIAM:*
Billy Wayne Hampton appeals his sentence for his conspiracy
to make false claims and aiding and abetting mail fraud
convictions. Hampton argues that the district court clearly
erred in assessing a two-level increase to his offense level for
obstruction of justice and by including $10,060 in its loss
calculation. Hampton also contends that he is entitled to a
downward adjustment for acceptance of responsibility.
*
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that this opinion should not be published and is not precedent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. 00-11081
-2-
We have reviewed the record and pleadings submitted by the
parties and hold that the district court did not clearly err by
assessing an obstruction of justice adjustment to Hampton’s
offense level or by including $10,060 in its loss determination.
See United States v. Storm, 36 F.3d 1289, 1295 (5th Cir. 1994);
United States v. Brown, 7 F.3d 1155, 1159 (5th Cir. 1993).
Furthermore, we hold that Hampton’s case does not present the
extraordinary circumstances that would warrant a downward
adjustment for acceptance of responsibility. United States v.
Spires, 79 F.3d 464, 467 (5th Cir. 1996); U.S.S.G. § 3E1.1,
comment. (n.4).
AFFIRMED.