IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-20737
Conference Calendar
__________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FORTUNATUS BOMA WILCOX,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. CR-H-95-0091
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June 26, 1996
Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Fortunatus Boma Wilcox appeals from his sentence following
his convictions for one count of conspiracy to commit interstate
transportation of stolen property, four counts of interstate
transportation of stolen property and aiding and abetting, and
one count of possession of stolen mail and aiding and abetting.
Wilcox argues that the district court erred by refusing to grant
*
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that this opinion should not be published and is not precedent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.
No. 95-20737
-2-
him a three-level reduction for acceptance of responsibility
pursuant to U.S.S.G. § 3E1.1 and that the Government breached the
plea agreement by releasing information that Wilcox was
cooperating with the Government. Based upon the testimony
presented at the sentencing hearing, we conclude that the
district court did not clearly err by refusing to grant Wilcox a
reduction for acceptance of responsibility. Further, Wilcox's
guilty plea was not entered pursuant to the terms of a plea
agreement; rather, Wilcox pleaded guilty after the initial plea
agreement between Wilcox and the Government had been withdrawn.
Accordingly, the judgment of the district court is AFFIRMED.
AFFIRMED.