IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-30975
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DAVID TURNER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 95-CR-156-J
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August 22, 1996
Before KING, DUHÉ, and DeMOSS, Circuit Judges.
PER CURIAM:*
David Turner appeals the sentence following his guilty-plea
conviction to conspiracy to import marihuana and importation of
marihuana. Turner contends that the district court erred by
denying him a downward adjustment for acceptance of
responsibility and by declining to consider him a minimal or
minor participant. Because Turner attempted to minimize his
participation in the offenses of conviction, the district court
*
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that this opinion should not be published and is not precedent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. 95-30975
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did not clearly err by denying him a downward adjustment for
acceptance of responsibility. See United States v. Wilder, 15
F.3d 1292, 1299 (5th Cir. 1994). Because the offense conduct
demonstrates that Turner was more culpable than he indicated, the
district court did not clearly err by declining to award him a
downward adjustment for being a minor or minimal participant.
See United States v. Zuniga, 18 F.3d 1254, 1261 (5th Cir.), cert.
denied, 115 S. Ct. 214 (1994).
AFFIRMED.