United States v. Landry

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 97-40521
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RICKY LEE LANDRY,

Defendant-Appellant.

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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:96-CR-73-1
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December 15, 1997
Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.

PER CURIAM:*

Ricky Lee Landry challenges his sentence, arguing that the

district court erred in denying him a three-level reduction for

his acceptance of responsibility and erred in making drug-

quantity calculations.

The defendant's failure to withdraw voluntarily from

criminal conduct remains an appropriate consideration under the

amended guideline's application notes. U.S.S.G. § 3E1.1,

comment. (n.1(b)). Continued criminal conduct is a sufficient

*
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that this opinion should not be published and is not precedent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.
 No. 97-40521
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basis for denying a reduction for acceptance of responsibility.

See United States v. Watkins, 911 F.2d 983, 985 (5th Cir. 1990).

Because Landry admitted that he used methadone while on release

pending sentence and because the evidence also showed that Landry

attempted to fabricate the results of his urinalysis, the

district court did not err in denying the three-level reduction.

We further find that the district court’s determination that

Landry was accountable for 12.69 grams of heroin was not clearly

erroneous. United States v. Bermea, 30 F.3d 1539, 1575 (5th Cir.

1994).

AFFIRMED.