United States v. Hollander

* 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that this opinion should not be published and is not precedent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
April 21, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-20351
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WILBURN RICHARD HOLLANDER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-02-CR-333-1
--------------------
Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM:*
Wilburn Richard Hollander appeals from the sentence imposed
pursuant to his guilty-plea conviction for receiving or
possessing firearms that were not registered to him in the
National Firearms Registration and Transfer Record. He argues
that the district court erred by denying application of an
adjustment for acceptance of responsibility, pursuant to U.S.S.G.
§ 3E1.1. This court “will affirm a sentencing court’s decision
not to award a reduction under U.S.S.G. § 3E1.1 unless it is

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No. 03-20351
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without foundation.” United States v. Solis, 299 F.3d 420, 458
(5th Cir. 2002)(internal quotations marks and footnote omitted).
Hollander’s contention that the Government’s evidence
produced at sentencing was incredible lacks merit. As there was
an evidentiary foundation for the district court’s denial of an
adjustment for acceptance of responsibility, the district court’s
judgment is AFFIRMED.

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