Beruflich Dokumente
Kultur Dokumente
No. 10-4172
No. 10-4173
Appeals from the United States District Court for the Southern
District of West Virginia, at Beckley.
Irene C. Berger,
District Judge. (5:09-cr-00065-1; 5:09-cr-00065-3)
Submitted:
November 4, 2010
Decided:
PER CURIAM:
Thomas Browning and Ricky Nichols (Appellants) pled
guilty, pursuant to a plea agreement, to one count of conspiracy
to damage railroad property, in violation of 18 U.S.C. 371
(2006).
of
responsibility,
pursuant
to
Guidelines
U.S.
Sentencing
reasons, we affirm.
Whether an individual has accepted responsibility for
his crime is a factual question, which this court reviews for
clear error.
Cir. 2007).
mistake
has
States v.
U.S.
district
courts
responsibility
Gypsum
been
committed.
Co.,
decision
reduction
333
to
is
U.S.
grant
364,
or
accorded
(quoting
Id.
395
deny
great
an
United
(1948)).
acceptance
deference.
The
of
Id.
that
he
has
accepted
3
responsibility
for
the
offense.
must
prove
clearly
by
preponderance
recognized
and
of
the
evidence
affirmatively
F.3d
683,
omitted).
693
(4th
Although
Cir.
2004)
guilty
accepted
he
has
personal
(internal
plea
that
reflects
quotation
some
marks
level
of
admit
the
conduct
comprising
the
offense
of
which
he
is
accountable
under
USSG
1B1.3.
See
USSG
district
court
did
not
clearly
err
in
finding