Filed: Apr. 10, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-40697 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus VALTON DEAN GREER, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 9:99-CR-36-1 - - - - - - - - - - April 10, 2001 Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges. PER CURIAM:* Valton Dean Greer appeals his sentences, following his convictions after a jury trial for
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-40697 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus VALTON DEAN GREER, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 9:99-CR-36-1 - - - - - - - - - - April 10, 2001 Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges. PER CURIAM:* Valton Dean Greer appeals his sentences, following his convictions after a jury trial for c..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40697
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
VALTON DEAN GREER,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 9:99-CR-36-1
- - - - - - - - - -
April 10, 2001
Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Valton Dean Greer appeals his sentences, following his
convictions after a jury trial for conspiracy to possess 50 grams
or more of cocaine base with intent to distribute (Count 1) and
possession of 50 grams or more of cocaine base with intent to
distribute (Count 2), in violation of 21 U.S.C. §§ 846 and
841(a)(1).
Greer contends that the district court clearly erred in
determining the amount of cocaine base attributable to him. The
*
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that this opinion should not be published and is not precedent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. 00-40697
-2-
district court did not clearly err in finding that Greer was
responsible for at least 1.5 kilograms of cocaine base, as the
testimony of several unindicted coconspirators supported a
determination that Greer was selling relatively large quantities
of cocaine base for a period of several years. See United States
v. Torres,
114 F.3d 520, 527 (5th Cir. 1997); U.S.S.G.
§§ 2D1.1(c)(1), 6A1.3. Greer asserts that the Government
improperly withheld information from him that might have
“reflect[ed] badly” upon the coconspirators and affected the
calculation of drug quantity, but these assertions are far too
conclusional to alter the analysis of this claim.
Greer argues that the district court clearly erred in
refusing to reduce his offense level on the ground that he had
accepted responsibility under § 3E1.1, because he went to trial
only to preserve an entrapment defense. The acceptance-of-
responsibility adjustment is not normally intended to apply to a
defendant who “puts the government to its burden of proof at
trial by denying the essential factual elements of guilt[.]”
§ 3E1.1, comment. (n.2). Although conviction by trial does not
automatically preclude eligibility for the reduction, especially
when the defendant proceeds to trial to assert and preserve
issues that do not relate to factual guilt, see
id., Greer’s
assertion of an entrapment defense amounted to a denial of
factual guilt. See United States v. Brace,
145 F.3d 247, 265
(5th Cir. 1998) (en banc). The district court’s denial of the
§ 3E1.1 reduction was not “without foundation.” See
id. at 264.
AFFIRMED.