IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50449
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERT DALE HOLLEY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. P-98-CR-17-1-B
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December 10, 1998
Before DAVIS, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Robert Dale Holley pleaded guilty to possession with intent
to distribute marijuana. In sentencing Holley, the district
court did not grant him a reduction in his offense level for
acceptance of responsibility because Holley had not reported to
the probation officer, and had submitted urine specimens which
tested positive for marijuana.
Holley argues that he should not have been denied the
downward adjustment because his drug use while on pretrial
release was due to drug addiction. In United States v. Watkins,
*
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that this opinion should not be published and is not precedent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. 98-50449
-2-
911 F.2d 983, 985 (5th Cir. 1990), we held that the district
court’s denial of a reduction for acceptance of responsibility
was not error when the defendant used cocaine while on release
pending sentencing. In United States v. Flucas, 99 F.3d 177, 180
(5th Cir. 1996), we noted that the court had not considered
whether a district court may deny a defendant the acceptance-of-
responsibility reduction, if the sole reason for the defendant’s
continued drug use was addiction. However, because Flucas not
only tested positive for drug use, but also failed to keep
appointments with Pretrial Services and attend drug counseling,
we held that it was not clear error for the district court to
deny the downward adjustment for acceptance of responsibility.
Id.
In this case, the record shows that Holley twice failed to
provide urine specimens, moved without notifying his Probation
Officer, and possessed firearms in contravention of the
conditions of his release. This amounts to a failure to report,
possession of firearms, and a failure to participate in drug
testing in addition to the drug use. The district court’s denial
of the reduction for acceptance of responsibility was not clearly
erroneous.
AFFIRMED.