United States v. Dominguez , 24 F. App'x 227 ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-4700
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JUAN HERNANDEZ DOMINGUEZ,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley. Charles H. Haden II, Chief
District Judge. (CR-01-27)
Submitted: January 17, 2002 Decided: January 28, 2002
Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Matthew A. Victor, VICTOR, VICTOR, & HELGOE, L.L.P., Charleston,
West Virginia, for Appellant. Charles T. Miller, United States At-
torney, John L. File, Assistant United States Attorney, Charleston,
West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Juan Hernandez Dominguez appeals from the district court’s
order applying a three-level adjustment to his offense level for
acceptance of responsibility pursuant to U.S. Sentencing Guidelines
Manual § 3E1.1 (2000). We have reviewed the record and the dis-
trict court’s opinion and find no reversible error. The district
court properly denied the adjustment based on Hernandez Dominguez’s
attempted escape from the jail where he was held prior to his
conviction, his forceful restraint of a correctional officer during
the escape attempt, and his less than forthcoming discussion of his
role in the offense. USSG § 3E1.1, comment. (nn. 1, 3, 4); United
States v. Melton, 970 F.2d 1328, 1335-36 (4th Cir. 1992). Accord-
ingly, we affirm Hernandez Dominguez’s conviction and sentence. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
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