United States v. Parson ( 1998 )

UNITED STATES COURT OF APPEALS
FIFTH CIRCUIT
_________________
No. 97-40863
(Summary Calendar)
_________________
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
NICHOLAS BURNETT PARSON, also known as Nick,
Defendant - Appellant.
Appeal from the United States District Court
For the Eastern District of Texas
(6:96-CR-49-1)
January 20, 1998
Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Nicholas Burnett Parson appeals his
sentence, following a guilty plea, for conspiracy to possess with
intent to distribute cocaine in violation of 21 U.S.C. § 846.
Parson’s contention that the district court was not authorized to
*
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that this opinion should not be published and is not precedent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.
impose a two-level Sentencing Guideline enhancement for obstruction
of justice under U.S.S.G. § 3C1.1 in addition to a two-level
enhancement for reckless endangerment under § 3C1.2 is without
legal support. See United States v. Somner, 127 F.3d 405, 407-08
(5th Cir. 1997) (affirming sentence that included a two-level
enhancement under § 3C1.1 and a two-level enhancement under §
3C1.2); U.S.S.G. § 3C1.2, comment. (n.1); U.S.S.G. § 1B1.1,
comment. (n.4); U.S.S.G. App. C, Amendment 347. Furthermore, the
district court did not clearly err in determining that each of the
two-level enhancements was factually supported. See United States
v. Lugman, 130 F.3d 113, 115 (5th Cir. 1997); United States v.
Upton, 91 F.3d 677, 687 (5th Cir. 1996), cert. denied, 117 S. Ct.
1818 (1997).
AFFIRMED.
-2-