United States DC Circuit

Defendant's drug possession sentence is affirmed where: 1) the district court did not err in imposing an obstruction of justice enhancement because defendant failed to appear at his arraignment hearing; and 2) the district court did not plainly err in concluding that defendant's acceptance of responsibility, which did not occur until after he was re-arrested for another crime, was insufficiently timely to warrant a reduction for acceptance of responsibility.

Appellate Information

• Decided 11/10/2009
• Published 11/10/2009

Judges

• Before:  ROGERS, TATEL and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Joseph R. Conte, appointed by the court, argued the cause and filed the brief for appellant.


• For Appellees:
  
• April E. Fearnley, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Jeffrey A. Taylor, U.S. Attorney at the time the brief was filed, and Roy W. McLeese, III, Assistant U.S. Attorney.