United States v. Brack

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 01-4632 TIFFANIE ANITA BRACK, Defendant-Appellant.  Appeal from the United States District Court for the Middle District of North Carolina, at Durham. N. Carlton Tilley, Jr., Chief District Judge. (CR-01-27) Submitted: December 20, 2001 Decided: January 3, 2002 Before LUTTIG, TRAXLER, and GREGORY, Circuit Judges. Affirmed by unpublished per curiam opinion. COUNSEL Louis C. Allen, III, Federal Public Defender, Eric D. Placke, Assistant Federal Public Defender, Greensboro, North Carolina, for Appellant. Benjamin H. White, Jr., United States Attorney, Arnold L. Husser, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. 2 UNITED STATES v. BRACK Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). OPINION PER CURIAM: Tiffanie Anita Brack appeals her thirty-four month sentence for one count of credit card fraud in violation of 18 U.S.C. § 1029 (1994). Finding no reversible error, we affirm. On appeal, Brack claims that the district court erred by denying her a reduction for acceptance of responsibility pursuant to U.S. Sentenc- ing Guidelines Manual ("USSG") § 3E1.1. We review a district court’s determination as to whether a defendant is entitled to such a reduction with great deference for clear error. United States v. Nale, 101 F.3d 1000, 1005 (4th Cir. 1996). Because there was evidence that Brack continued to violate the law and engage in deceptive conduct while she was released on bond before her sentencing hearing, we cannot conclude that the district court clearly erred in its determination. A defendant who pleads guilty and truthfully admits her conduct may still lose the adjustment through other conduct that is inconsistent with such acceptance of responsibility. See USSG § 3E1.1, cmt. n.3. Accordingly, we affirm Brack’s conviction and sentence. We dis- pense 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