Filed: Dec. 24, 1997
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-10630 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DAVID DEFINA, also known as Syde Patrick Defina, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 2:96-CR-49-1 - - - - - - - - - - December 17, 1997 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges. PER CURIAM:* David Defina appeals from his sentence for possession with intent
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-10630 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DAVID DEFINA, also known as Syde Patrick Defina, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 2:96-CR-49-1 - - - - - - - - - - December 17, 1997 Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges. PER CURIAM:* David Defina appeals from his sentence for possession with intent ..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-10630
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DAVID DEFINA,
also known as Syde Patrick Defina,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:96-CR-49-1
- - - - - - - - - -
December 17, 1997
Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
David Defina appeals from his sentence for possession with
intent to distribute approximately two kilograms of cocaine.
Defina pleaded guilty under his brother’s name in order to conceal
the fact that Defina was on probation at the time of his offense.
Defina’s true name was discovered prior to sentencing and he was
given a sentence enhancement for obstruction of justice.
Defina argues that the district court erred in failing to
reduce his offense level for acceptance of responsibility pursuant
*
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this opinion should not be published and is not precedent except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. 97-10630
-2-
to United States Sentencing Guidelines Manual § 3E1.1. We review
the district court’s finding of acceptance of responsibility under
a standard even more deferential than the clearly-erroneous
standard. United States v. Ainsworth,
932 F.2d 358, 362 (5th Cir.
1991); U.S. Sentencing Guidelines Manual [hereinafter U.S.S.G.] §
3E1.1 comment. (n.5).
Defina bore the burden of “demonstrating the recognition and
affirmative acceptance of personal responsibility.” United States
v. Ayala,
47 F.3d 688, 690 (5th Cir. 1995); see U.S.S.G.
§ 3E1.1(a). Defina’s burden was much higher because a defendant
who has received a sentence enhancement for obstruction of justice
will not be granted a sentence reduction for acceptance of
responsibility, except under “extraordinary” circumstances.
U.S.S.G. § 3E1.1(a) comment. (n.4). Defina’s attempts to meet this
burden were clearly insufficient.
As Defina did not meet his burden of proof, it was proper for
the district court to summarily deny him the sentence reduction for
acceptance of responsibility.
AFFIRMED.