United States v. Peter J. Ninemire, 961 F.2d 221, 10th Cir. (1992)
Uploaded by
Scribd Government DocsUnited States v. Peter J. Ninemire, 961 F.2d 221, 10th Cir. (1992)
Uploaded by
Scribd Government Docs961 F.
2d 221
NOTICE: Although citation of unpublished opinions remains unfavored,
unpublished opinions may now be cited if the opinion has persuasive value on a
material issue, and a copy is attached to the citing document or, if cited in oral
argument, copies are furnished to the Court and all parties. See General Order of
November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
further order.
UNITED STATES of America, Plaintiff-Appellee,
v.
Peter J. NINEMIRE, Defendant-Appellant.
No. 91-3239.
United States Court of Appeals, Tenth Circuit.
April 13, 1992.
Before McKAY, Chief Judge, BARRETT, Circuit Judge, and
BRIMMER, * District Judge.
ORDER AND JUDGMENT**
McKAY, Chief Judge.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination
of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The case is therefore
ordered submitted without oral argument.
Appellant claims the trial court was clearly erroneous in refusing to give
appellant a two-level reduction in offense level for acceptance of responsibility.
The burden to demonstrate acceptance of responsibility is on the appellant. The
fact that he plead guilty and recited to the court that he accepted responsibility
does not, standing by itself, require the trial court to find that he had accepted
responsibility.
In view of the evidence that he had been uncooperative in explaining his
whereabouts during the period of his failure to report for sentencing together
with the very limited evidence presented by him of his acceptance of
responsibility adequately support the trial court's decision not to grant a twolevel reduction.
4
The decision of the trial court was not clearly erroneous. AFFIRMED.
Honorable Clarence A. Brimmer, Chief Judge for the United States District
Court for the District of Wyoming, sitting by designation
**
This order and judgment has no precedential value and shall not be cited, or
used by any court within the Tenth Circuit, except for purposes of establishing
the doctrines of the law of the case, res judicata, or collateral estoppel. 10th
Cir.R. 36.3
