Filed: Feb. 10, 2004
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-4245 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus NORMA FAYE CANIPE, a/k/a Norma Pritt, a/k/a Lora Pritt, a/k/a Norma Brown, a/k/a Laura Pritt, Defendant - Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Bluefield. Charles H. Haden II, District Judge. (CR-02-130) Submitted: October 24, 2003 Decided: February 10, 2004 Before LUTTIG and MOTZ, Circuit Judges, and
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-4245 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus NORMA FAYE CANIPE, a/k/a Norma Pritt, a/k/a Lora Pritt, a/k/a Norma Brown, a/k/a Laura Pritt, Defendant - Appellant. Appeal from the United States District Court for the Southern District of West Virginia, at Bluefield. Charles H. Haden II, District Judge. (CR-02-130) Submitted: October 24, 2003 Decided: February 10, 2004 Before LUTTIG and MOTZ, Circuit Judges, and ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4245
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
NORMA FAYE CANIPE, a/k/a Norma Pritt, a/k/a
Lora Pritt, a/k/a Norma Brown, a/k/a Laura
Pritt,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Bluefield. Charles H. Haden II,
District Judge. (CR-02-130)
Submitted: October 24, 2003 Decided: February 10, 2004
Before LUTTIG and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
David O. Schles, STOWERS & ASSOCIATES, Charleston, West Virginia,
for Appellant. Kasey Warner, United States Attorney, Susan M.
Arnold, Assistant United States Attorney, Charleston, West
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Norma Faye Canipe appeals her 175-month sentence pursuant
to her guilty plea to aiding and abetting wire fraud, in violation
of 18 U.S.C. §§ 2, 1343 (2000), and being a felon in possession of
a firearm, in violation of 18 U.S.C. § 922(g)(1) (2000). On
appeal, Canipe asserts the district court erred in denying her a
downward adjustment to her offense level for acceptance of
responsibility. A district court’s determination of whether a
defendant is entitled to an adjustment for acceptance of
responsibility is factual, and is reviewed for clear error. United
States v. Ruhe,
191 F.3d 376, 388 (4th Cir. 1999). Canipe’s claim
is meritless. Canipe’s false statements to investigating
authorities preclude a finding that the district court erred by
failing to grant Canipe an adjustment for acceptance of
responsibility. U.S. Sentencing Guidelines Manual § 3E1.1(a)-(b)
(2002).
Accordingly, we affirm Canipe’s conviction and sentence. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not significantly aid the decisional process.
AFFIRMED
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