IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-20748
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
THOMAS E. HUITT; CHARLES L. HENKE,
Defendants-Appellants.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. CR-H-93-227-2
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October 24, 1996
Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
Appellants appeal from the district court’s refusal to grant
a two-level reduction for acceptance of responsibility pursuant
to U.S.S.G. § 3E1.1. Appellants argue that they never denied
committing the offenses alleged in the indictment, but they
relied upon a public authority defense to the charges. We have
reviewed the record and the briefs of the parties and hold that
the district court did not err in determining that the appellants
*
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that this opinion should not be published and is not precedent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. 95-20748
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were not entitled to a reduction for acceptance of responsibility
given the deferential standard of review applied to acceptance of
responsibility findings, the finding that the appellants
obstructed justice, and given that the appellants put the
Government to its burden of proof as to their intent to commit
the offenses. United States v. Spires, 79 F.3d 464, 467 (5th
Cir. 1996); U.S.S.G. § 3E1.1, comment. (n.2), (n.4).
AFFIRMED.