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United States v. Bolen, 96-21090 (1997)

Court: Court of Appeals for the Fifth Circuit Number: 96-21090 Visitors: 13
Filed: Oct. 10, 1997
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 96-21090 Summary Calendar _ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus WALTER PATRICK BOLEN, Defendant-Appellant. _ Appeal from the United States District Court for the Southern District of Texas USDC No. 96-CR-57-3 _ September 24, 1997 Before JOLLY, BENAVIDES, and PARKER, Circuit Judges. PER CURIAM:* Walter Patrick Bolen appeals the 18-month sentence imposed by the district court following the acceptance of his guilty p
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               IN THE UNITED STATES COURT OF APPEALS

                        FOR THE FIFTH CIRCUIT

                        _____________________

                             No. 96-21090
                           Summary Calendar
                        _____________________


UNITED STATES OF AMERICA,

                                                Plaintiff-Appellee,

                               versus

WALTER PATRICK BOLEN,

                                             Defendant-Appellant.
_________________________________________________________________

      Appeal from the United States District Court for the
                    Southern District of Texas
                        USDC No. 96-CR-57-3
_________________________________________________________________
                         September 24, 1997
Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.

PER CURIAM:*

     Walter Patrick Bolen appeals the 18-month sentence imposed by

the district court following the acceptance of his guilty plea for

aiding and abetting the interstate transportation of stolen goods.

Bolen argues that the district court clearly erred in not finding

that he was a minor participant in the conspiracy and reducing his

offense level accordingly under § 3B1.2 of the U.S. Sentencing

Guidelines. Because Bolen was held responsible for only the amount

of loss attributable to him, § 3B1.2 does not require a reduction

     *
      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this opinion should not be published and is not precedent except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.
in his base offense level even though his activity in the overall

conspiracy may have been minor.     United States v. Atanda, 
60 F.3d 196
, 199 (5th Cir. 1995).

                                                   A F F I R M E D.




                                  -2-

Source:  CourtListener

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