IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40521
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICKY LEE LANDRY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:96-CR-73-1
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December 15, 1997
Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
Ricky Lee Landry challenges his sentence, arguing that the
district court erred in denying him a three-level reduction for
his acceptance of responsibility and erred in making drug-
quantity calculations.
The defendant's failure to withdraw voluntarily from
criminal conduct remains an appropriate consideration under the
amended guideline's application notes. U.S.S.G. § 3E1.1,
comment. (n.1(b)). Continued criminal conduct is a sufficient
*
Pursuant to 5TH CIR. R. 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that this opinion should not be published and is not precedent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 5TH CIR.
R. 47.5.4.
No. 97-40521
-2-
basis for denying a reduction for acceptance of responsibility.
See United States v. Watkins, 911 F.2d 983, 985 (5th Cir. 1990).
Because Landry admitted that he used methadone while on release
pending sentence and because the evidence also showed that Landry
attempted to fabricate the results of his urinalysis, the
district court did not err in denying the three-level reduction.
We further find that the district court’s determination that
Landry was accountable for 12.69 grams of heroin was not clearly
erroneous. United States v. Bermea, 30 F.3d 1539, 1575 (5th Cir.
1994).
AFFIRMED.