United States v. Spratt

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-40604 Conference Calendar __________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DAVID BRYAN SPRATT, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:94-CR-29-1 - - - - - - - - - - April 19, 1996 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges. PER CURIAM:* David Bryan Spratt appeals his sentence in a conviction for conspiracy to manufacture and possess marijuana with intent to distribute and possession with intent to distribute a controlled substance. The district court did not err in increasing his offense level for obstruction of justice or in declining to decrease his offense level for acceptance of responsibility. See United States v. Graves, 5 F.3d 1546, 1555 (5th Cir. 1993), cert. denied, 114 S. Ct. 1829 (1994); United States v. McCord, 33 F.3d 1434, 1454 (5th Cir. 1994), cert. denied, 115 S. Ct. 2558 (1995). The motion to substitute counsel on appeal is DENIED. AFFIRMED. * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.