United States v. Follmer ( 1996 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-40750
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DEWELL KEITH FOLLMER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1-94-CR-137-1
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June 21, 1996
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Dewell Keith Follmer appeals the sentence he received
following his conviction for being a felon in possession of
firearms. We have reviewed the record and Follmer's brief and
AFFIRM the district court's rulings, made during the sentencing
hearing, on: (1) whether Follmer's offense level properly was
increased because he obstructed justice; (2) whether Follmer
should have received a reduction for acceptance of responsiblity;
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-40750
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(3) the number of firearms possessed by Follmer; and (4) whether
Follmer used the firearm in relation to another felony. See
United States v. Follmer, No. 1:94-CR-137 (E.D. Tex. Sept. 7,
1995).
Regarding the following arguments raised by Follmer for the
first time on appeal, we find no error, plain or otherwise:
(1) the calculation of Follmer's base offense level; (2) the
alleged denial of due process brought about by the district
court's refusal to reveal the location of the firearms; and
(3) the applicability of the sporting/collecting reduction. See
United States v. Olano, 507 U.S. 725, 731-37 (1993).
AFFIRMED.