UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-4816
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JOHN R. ATHERTON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Norfolk. Raymond A. Jackson, District Judge.
(CR-99-59)
Submitted: May 10, 2000 Decided: September 12, 2000
Before NIEMEYER, MOTZ, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Leon S. Demsky, PELTON, BALLAND, YOUNG, DEMSKY, BASKIN & O’MALIE,
P.C., Arlington, Virginia, for Appellant. Helen F. Fahey, United
States Attorney, Robert J. Krask, Assistant United States Attorney,
Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant John Atherton appeals his thirty-month sentence im-
posed following his guilty plea to two counts of bank fraud. He
asserts that the sentencing court erred in denying him a decrease
in offense level for acceptance of responsibility under U.S.
Sentencing Guidelines Manual (“USSG”) § 3E1.1 (1998); that the
court improperly determined the amount of loss based upon “relevant
conduct” under USSG §§ 1B1.3, 2F1.1; and that the court erred in
concluding he abused a position of private trust in regard to
silent partners in his business under USSG § 3B1.3. We have
reviewed the materials submitted by the parties on appeal and find
no error in Atherton’s sentencing. We therefore affirm his sen-
tence based upon the reasoning stated by the district court at
Atherton’s sentencing hearing. We dispense with oral argument
because the facts and legal contentions are adequately presented in
the materials before the Court and argument would not aid the
decisional process.
AFFIRMED
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