Beruflich Dokumente
Kultur Dokumente
No. 13-4411
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Dever, III,
Chief District Judge. (7:10-cr-00147-D-1)
Submitted:
Decided:
May 8, 2014
PER CURIAM:
John
Moore
was
charged
with
carjacking,
18
U.S.C.
imprisonment.
On
appeal,
Moore
challenges
the
the
sentencing
court
erred
in
denying
He also argues
him
two-level
We affirm.
We
review
de
novo
district
courts
430
F.3d
challenging
burden.
the
681,
693
sufficiency
(4th
of
Cir.
the
denial
of
United States v.
2005).
evidence
A
faces
defendant
a
heavy
We
all
favorable
inferences
from
the
evidence.
United
evidence
reasonable
supporting
finder
of
fact
conviction
could
is
accept
substantial
[the
if
evidence]
as
beyond
reasonable
doubt.
Alerre,
430
F.3d
at
693
received
person
or
in
interstate
presence
intimidation.
of
or
foreign
another
(5)
by
commerce
force
(4)
and
from
violence
the
or
We
have
reviewed
the
transcript
of
the
jury
trial
and
we
district
court
should
have
awarded
acceptance
of
responsibility
reduction.
challenges
to
courts
sentencing
him
In
two-level
considering
application
of
the
684 F.3d 445, 454 (4th Cir.), cert. denied, 133 S. Ct. 490
(2012).
of
an
factual
issue
standard.
and
of
responsibility
thus
reviewable
adjustment
under
is
clearly
clearly
erroneous
1989).
Section 3E1.1 of the Guidelines Manual provides for a
two-level reduction for a defendant who clearly demonstrates
acceptance of responsibility for his offense.
United States v.
Jeffery, 631 F.3d 669, 678 (4th Cir. 2011) (internal quotation
marks
omitted).
This
Court
has
noted
that
[a]lthough
the
Id. (internal
n.2.
trial
to
assert
and
preserve
issues
that
do
not
relate
to
of
the
deference on review.
sentencing
judge
is
entitled
to
great
present
the
rare
circumstances
in
which
defendant
has
err
in
denying
an
adjustment
for
acceptance
of
responsibility.
Based
judgment.
legal
before
on
the
foregoing,
we
affirm
Moores
criminal
contentions
this
Court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED