United States v. Ora M. Cogburn, (8th Cir. 2002)
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United States Court of Appeals FOR THE EIGHTH CIRCUIT
No. 01-3075
United States of America, Appellee, v. Ora M. Cogburn, Appellant.
Submitted: January 15, 2002
Filed: January 24, 2002
Before BOWMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
PER CURIAM.
On February 1, 2001, Ora M. Cogburn entered into an oral plea agreement and pleaded guilty to unlawfully transporting a stolen car in interstate commerce in violation of 18 U.S.C. § 2312. Eight days later, Cogburn was convicted on an unrelated charge of petty theft arising out of a December 2000 shoplifting incident. Five months later, pretrial services reported that a June 2001 urine sample provided by Cogburn had tested positive for amphetamine, methamphetamine, marijuana, and cocaine. At CogburnÂ’s August 2001 sentencing hearing on the charge of transporting a stolen car in interstate commerce, she claimed a two-point sentencing level
reduction for acceptance of responsibility. The district court adopting the presentence report recommendation that Cogburn not receive a reduction because of her post-plea agreement petty theft conviction and illegal drug use. Cogburn was sentenced to eight months in prison. Cogburn appeals the denial of a reduction in her sentencing level.
We review the district court§ 3E1.1 Application Note 3 (2001). The court may consider many factors when deciding whether to grant this adjustment, including whether a defendant has voluntarily withdrawn from criminal conduct. Id. at Application Note 1(b). When evaluating CogburnÂ’s request for an acceptance of responsibility reduction, the district court was acting within its discretion when it considered CogburnÂ’s post-plea agreement petty theft conviction and illegal drug use, even though both incidents of criminal conduct were unrelated to the offense for which Cogburn was being sentenced. See Byrd, 76 F.3d at 197. Because the district court did not commit clear error when it denied Cogburn an acceptance of responsibility sentencing reduction, we affirm. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
District of Missouri.
Appeal from the United States
District Court for the Western
District of Missouri.
[UNPUBLISHED]
denied this request,
The Honorable Gary A. Fenner, United States District Judge for the Western
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