FILED
NOT FOR PUBLICATION MAY 21 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 12-10456
Plaintiff - Appellee, D.C. No. 2:11-cr-00021-PMP
v.
MEMORANDUM*
HENRY STUCKEY,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Philip M. Pro, District Judge, Presiding
Submitted May 14, 2013**
Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.
Henry Stuckey appeals from the district court’s judgment and challenges the
137-month sentence imposed following his guilty-plea conviction for mail fraud, in
violation of 18 U.S.C. § 1241; wire fraud, in violation of 18 U.S.C. § 1343; and
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
simple assault, in violation of 18 U.S.C. § 111(a)(1). We have jurisdiction under
28 U.S.C. § 1291, and we affirm.
Stuckey contends that the district court erred by denying him a three-level
reduction for acceptance of responsibility under U.S.S.G. § 3E1.1. We review for
clear error the district court’s decision to deny a reduction for acceptance of
responsibility. See United States v. Fleming, 215 F.3d 930, 939 (9th Cir. 2000).
The district court did not clearly err in declining to grant a reduction for
acceptance of responsibility because the record reflects that, during the sentencing
hearing, Stuckey sought to minimize the extent of his criminal culpability and
fraudulent intent. See id. at 940 (concluding that a defendant who “maintained that
he acted with an empty head but a pure heart” did not accept responsibility for his
offense).
AFFIRMED.
2 12-10456