United States v. Whorton

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
October 21, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-21341
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
STEVEN DALE WHORTON,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CR-272-ALL
--------------------
Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
PER CURIAM:*
Steven Dale Whorton appeals from his sentence for bank
robbery. Whorton contends that the district court erred by
adjusting his offense level for obstruction of justice, pursuant
to U.S.S.G. § 3C1.1.
Whorton’s adjustment was based on an attempt to escape by
scraping mortar from the bricks near his bed, then covering the
scraped area with toothpaste. The district court’s finding that
Whorton had attempted to obstruct justice was not clearly

-- 1 of 2 --

No. 02-21341
-2-
erroneous. See United States v. Upton, 91 F.3d 677, 687 (5th
Cir. 1996). Nothing in the record indicates a connection between
mental-health or drug-abuse issues and Whorton’s actions.
Rather, the evidence indicates that Whorton acted on a desire to
escape and covered up his actions. Whorton “‘voluntarily and
intentionally’ attempted to escape, which satisfies the
‘willfullness’ requirement under U.S.S.G. § 3C1.1.” United
States v. Cisneros, 112 F.3d 1272, 1280 (5th Cir. 1997).
AFFIRMED.

-- 2 of 2 --