United States v. Becerra

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
April 24, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-10868
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NOE BECERRA, JR., also known as Noe Becerra,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:06-CR-26-ALL
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Before REAVLEY, WIENER and DENNIS, Circuit Judges.
PER CURIAM:*
Noe Becerra, Jr., appeals the sentence imposed following his
guilty-plea conviction of possessing with the intent to
distribute marijuana. He argues that he accepted responsibility
for his offense and challenges the district court’s decision to
deny him a three-point downward adjustment in his base offense
level pursuant to U.S.S.G. § 3E1.1(a) and (b).
Becerra failed to truthfully admit all of the conduct
comprising his offense of conviction when he refused to reveal
the source of the marijuana he possessed. See United States v.

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No. 06-10868
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Tellez, 882 F.2d 141, 143 (5th Cir. 1989). In addition, Becerra
acted in a manner inconsistent with an acceptance of
responsibility by refusing to discuss his offense or relevant
conduct with the probation officer who prepared his presentence
report. See United States v. Nevarez-Arreola, 885 F.2d 243, 245-
46 (5th Cir. 1989). The district court’s decision to deny the
adjustment was not without foundation. See United States v.
Hooten, 933 F.2d 293, 297-98 (5th Cir. 1991). The judgment of
the district court is AFFIRMED.

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