United States v. Aubrey

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-50553
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
AARON EUGENE AUBREY,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. W-99-CR-99-1
--------------------
March 30, 2001
Before EMILIO M. GARZA, STEWART and PARKER, Circuit Judges.
PER CURIAM:*
Aaron Eugene Aubrey appeals the sentence he received as a
result of his guilty-plea conviction for two counts of making
false statements, in violation of 18 U.S.C. § 1001; one count of
possession of a stolen firearm, in violation of 18 U.S.C.
§ 922(j); and one count of being an accessory after the fact to a
bank robbery, in violation of 18 U.S.C. § 3.
Aubrey argues that he should not have received an increase
for obstruction of justice based on an alleged attempt to escape
from the jail where he was being held prior to sentencing because

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No. 00-50553
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the district court relied on evidence with insufficient indicia
of reliability. Aubrey has not met his burden of demonstrating
that the evidence relied upon by the district court to determine
that he obstructed justice was materially untrue. See United
States v. Slaughter, ___ F.3d ___ (5th Cir. Jan. 12, 2001, No.
99-11142) 2000 WL 1946670 at *5.
Aubrey also argues that the district court erred in denying
him credit for acceptance of responsibility because he admitted
the conduct alleged in the indictment and his admission was
consistent with the information contained in the factual basis.
Aubrey has not demonstrated that this is an extraordinary case in
which adjustments for both acceptance of responsibility and
obstruction of justice may apply. See U.S.S.G. § 3E1.1, comment.
(n.4).
AFFIRMED.

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