IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-41183
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHRISTOPHER HINES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:97-CR-10-1
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February 9, 1999
Before BARKSDALE and EMILIO M. GARZA, Circuit Judges.*
PER CURIAM:**
Christopher Hines appeals his sentence following his guilty
plea to possession with intent to distribute cocaine base. 21
U.S.C. § 841(a)(1). He contends that he should have been awarded
a reduction for acceptance of responsibility, pursuant to
U.S.S.G. § 3E1.1. Hines objected to relevant-conduct findings
that he distributed crack cocaine on April 11 and May 15, 1996.
Because Hines failed to present rebuttal evidence to support his
*
This matter is being decided by a quorum. 28 U.S.C. §
46(d).
**
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that this opinion should not be published and is not precedent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. 97-41183
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contention, the sentencing judge was free to adopt the findings
in the presentence report without further inquiry. United States
v. Lugman, 130 F.3d 113, 116 (5th Cir. 1997), cert. denied, 118
S. Ct. 1855 (1998). The sentencing judge's denial of the
reduction in offense level is not without foundation and thus not
error. United States v. Brace, 145 F.3d 247, 264 (5th Cir.) (en
banc), cert. denied, 119 S. Ct. 426 (1998).
AFFIRMED.