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United States v. Alexander George, 97-3633 (1998)

Court: Court of Appeals for the Eighth Circuit Number: 97-3633 Visitors: 6
Filed: Apr. 15, 1998
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 97-3633 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Alexander George, * * [UNPUBLISHED] Appellant. * _ Submitted: April 6, 1998 Filed: April 15, 1998 _ Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges. _ PER CURIAM. In November 1996, Alexander George pleaded guilty to one count of wire fraud in violation of 18 U.S.C. § 1343. The district court
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                          United States Court of Appeals
                             FOR THE EIGHTH CIRCUIT
                                    ___________

                                    No. 97-3633
                                    ___________

United States of America,                *
                                         *
             Appellee,                   *
                                         * Appeal from the United States
      v.                                 * District Court for the
                                         * Eastern District of Arkansas.
Alexander George,                        *
                                         *      [UNPUBLISHED]
             Appellant.                  *
                                    ___________

                            Submitted: April 6, 1998
                                Filed: April 15, 1998
                                    ___________

Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges.
                            ___________

PER CURIAM.

        In November 1996, Alexander George pleaded guilty to one count of wire fraud
in violation of 18 U.S.C. § 1343. The district court1 sentenced him to thirteen months
in prison and three years supervised release, and ordered restitution in the amount of
$20,792.09. When George later withdrew his attempt to withdraw his guilty plea, the
district court afforded him a one-level reduction for acceptance of responsibility, and
resentenced him to 12 months in prison. George appeals, and we affirm.



      1
        The HONORABLE STEPHEN M. REASONER, Chief Judge, United States
District Court for the Eastern District of Arkansas.
        Relying on United States v. Atlas, 
94 F.3d 447
, 451-52 (8th Cir. 1996), George
argues that the district court erred in affording him only a one-level acceptance-of-
responsibility reduction. Because he failed to raise this issue in the district court, we
review his sentence for plain error. We conclude there was no plain error because
George&s substantial rights were not affected by the one-level reduction. See United
States v. Montanye, 
996 F.2d 190
, 192 (8th Cir. 1993) (en banc) (plain error requires
showing that the error affected substantial rights). Had the district court given him a
two-level reduction, George&s guidelines sentencing range would have been reduced
from 10-16 months to 8-14 months. A review of the two sentencing proceedings
satisfies us that this change would not have affected his sentence.

      Accordingly, we affirm the judgment of the district court.

      A true copy.

             Attest:

                     CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.




                                          -2-

Source:  CourtListener

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