United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT May 4, 2004
Charles R. Fulbruge III
Clerk
No. 03-41175
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TIMOTHY M. BLACKMON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:02-CR-97-2
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Before DUHÉ, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:1
Timothy M. Blackmon appeals the sentence he received after he
pleaded guilty to possession with intent to distribute cocaine in
violation of 21 U.S.C. § 841(a). Blackmon argues that the district
court erred when it denied him a two-level adjustment in his base
offense level pursuant to U.S.S.G. § 3E1.1 for acceptance of
responsibility. Given that Blackmon was not sufficiently
forthcoming in his first conversation with the probation officer,
the district court’s denial of the adjustment should not be
1
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that this opinion should not be published and is not precedent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.
disturbed. United States v. Medina-Anicacio, 325 F.3d 628, 648
(5th Cir. 2003); United States v. Washington, 320 F.3d 322, 327
(5th Cir.), cert. denied, 124 S. Ct. 942 (2003).
AFFIRMED.
2