United States v. Doug Coleman, 28 F.3d 1211, 4th Cir. (1994)
United States v. Doug Coleman, 28 F.3d 1211, 4th Cir. (1994)
3d 1211
Appeal from the United States District Court for the Southern District of
West Virginia, at Bluefield. David A. Faber, District Judge. (CR-92-220)
G. Todd Houck, Moler, Staton, Staton & Houck, Mullens, W. Va., for
appellant.
Rebecca A. Betts, U.S. Atty., John C. Parr, Asst. U.S. Atty., Charleston,
W.Va., for appellee.
S.D.W.Va.
AFFIRMED.
Before MURNAGHAN and WILKINS, Circuit Judges, and CHAPMAN,
Senior Circuit Judge.
OPINION
PER CURIAM:
violation of 21 U.S.C.A. Sec. 846 (West Supp.1993). He appeals his forty-sixmonth sentence on the ground that the district court clearly erred in denying
him an adjustment for acceptance of responsibility. United States Sentencing
Commission, Guidelines Manual, Sec. 3E1.1 (Nov.1992). We affirm.
2
After Coleman was indicted on the conspiracy charge in federal court, he was
released on bond with restrictions, including the condition that he not commit
any criminal acts. Subsequently, Coleman was twice arrested and convicted of
driving under the influence (DUI) in state court. Just before he was sentenced in
federal court, his bond was revoked because of the DUI convictions. The
district court found that Coleman's conduct evidenced a lack of the necessary
"degree of contrition and remorse," and denied him a reduction for acceptance
of responsibility. Relying on United States v. Woods, 927 F.2d 735, 736 (2d
Cir.1991), Coleman contends that the court clearly erred because he had fully
acknowledged his part in the conspiracy, and the DUI convictions were simply
evidence of his dependence on alcohol. He also argues that the denial amounted
to a second punishment which was added to the penalty he received in state
court.