United States v. Moore

* 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that this opinion should not be published and is not precedent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
August 12, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-41741
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GREGORY CONNOR MOORE,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-02-CR-857-3
--------------------
Before SMITH, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Gregory Connor Moore appeals the 21-month sentence imposed
after he pleaded guilty to possession with intent to distribute
less than 50 kilograms of marijuana.
Moore contends that the district court clearly erred by
declining to award a two-level reduction in Moore’s offense level
for acceptance of responsibility. The district court did not
clearly err by determining that Moore did not fully accept

-- 1 of 2 --

No. 02-41741
-2-
responsibility by truthfully admitting all conduct comprising the
offense of conviction. See U.S.S.G. § 3E1.1; United States v.
Flucas, 99 F.3d 177, 180 (5th Cir. 1996); United States v.
Harlan, 35 F.3d 176, 181 (5th Cir. 1994).
Moore also contends that the district court clearly erred by
increasing his offense level based on the finding in the
Pre-Sentence Report (PSR) that Moore sped away from a Border
Patrol checkpoint and led agents on a two-mile high-speed chase.
See U.S.S.G. § 3C1.2 (prescribing increase where a defendant
recklessly endangers other during flight). Absent rebuttal
evidence to show that the information relied upon in the PSR was
“materially untrue, inaccurate or unreliable,” the district court
was permitted to adopt the facts in the PSR without further
inquiry. See United States v. Taylor, 277 F.3d 721, 724 (5th
Cir. 2001). This court has observed that leading police on a
high-speed chase in itself creates a substantial risk of harm to
others. United States v. Lee, 989 F.2d 180, 183 (5th Cir. 1993).
The district court did not commit clear error by increasing the
offense level under U.S.S.G. § 3C1.2.
The judgment of the district court is AFFIRMED.

-- 2 of 2 --