IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-50279
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROSENDO MONTES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-91-CR-159(9)
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February 21, 1997
Before SMITH, EMILIO M. GARZA, and PARKER, Circuit Judges.
PER CURIAM:*
Rosendo Montes appeals the district court’s denial of an
additional one-level reduction in his offense level for
acceptance of responsibility under § 3E1.1(b) of the U.S.
Sentencing Guidelines. He argues that the district court did not
address whether he timely assisted the Government by cooperating.
The record indicates that Montes did not enter a guilty plea
until approximately two weeks before trial which did not enable
the Government to avoid preparing for trial. Although the
*
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that this opinion should not be published and is not precedent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. 96-50279
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district court did not expressly state whether Montes timely
cooperated with the Government, the district court implicitly
determined that Montes did not satisfy the requirements for an
additional one-level reduction for acceptance of responsibility.
Montes has not shown that the district court clearly erred in
denying the additional reduction. See United States v. Tello, 9
F.3d 1119, 1124-25 (5th Cir. 1993).
AFFIRMED.