United States v. Johnson

No. 99-40732
-1-
* 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this opinion should not be published and is not precedent except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. 99-40732
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DENNIS L. JOHNSON,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:98-CR-94-1
--------------------
January 31, 2000
Before SMITH, BARKSDALE, and PARKER, Circuit Judges.
PER CURIAM:*
Dennis L. Johnson pleaded guilty to one count of conspiracy
to commit mail fraud, in violation of 18 U.S.C. § 371. He was
sentenced to 42 months’ imprisonment, to be followed by a three-
year term of supervised release.
On appeal, Johnson argues that the district court clearly
erred at sentencing in assessing a two-level increase for
obstruction of justice, pursuant to U.S.S.G. § 3C1.1, and a two-
level increase for use of a special skill to facilitate the
offense, pursuant to U.S.S.G. § 3B1.3.
We have reviewed the record and briefs submitted by the

-- 1 of 2 --

No. 99-40732
-2-
parties and find that there was reliable evidence in the
presentence report to support the offense level increases for
obstruction of justice and use of a special skill to facilitate
the offense. The district court did not clearly err in imposing
these adjustments. See United States v. Tello, 9 F.3d 1119,
1122-23 (5th Cir. 1993); United States v. Brown, 941 F.2d 1300,
1304 (5th Cir. 1991).
AFFIRMED.

-- 2 of 2 --