United States v. Mendez

* 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that this opinion should not be published and is not precedent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
November 25, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-40275
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HERMELINDA MENDEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-02-CR-281-ALL
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Before JOLLY, WIENER, and DENNIS, Circuit Judges.
PER CURIAM:*
Hermelinda Mendez appeals from her sentence for conspiracy
to possess with intent to distribute marihuana in violation of 21
U.S.C. §§ 841(a)(1), 841(b)(1)(C), and 846. Mendez argues that
the district court erred in finding that she had not accepted
responsibility for her actions.
The discrepancies between Mendez’ assertions at her re-
arraignment and sentencing hearing and the accounts of Jamie Lynn
Lopez and Geneva July Romero constitute an adequate foundation

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No. 03-40275
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for the district court’s decision to deny Mendez a sentence
adjustment on the basis of acceptance of responsibility. See
United States v. Pierce, 237 F.3d 693, 695 (5th Cir. 2001). The
district court declined to credit Mendez’ statements about her
role in the offense, see United States v. Becerra, 155 F.3d 740,
757 (5th Cir. 1998), and the district court’s finding is given
great deference on appeal. United States v. Marmolejo, 139 F.3d
528, 531 (5th Cir. 1998). There was no error.
AFFIRMED.

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