United States v. Jacobo-Flores

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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
February 13, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-40298
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE LUIS JACOBO-FLORES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-02-CR-842-3
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Before DUHÉ, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:1
Jose Luis Jacobo-Flores appeals from his guilty-plea
conviction for conspiracy to possess with intent to distribute over
100 kilograms of marijuana. He argues that the district court
erred by failing to award him an adjustment for acceptance of
responsibility, pursuant to U.S.S.G. § 3E1.1. The district court’s
denial of an adjustment for acceptance of responsibility
permissibly relied upon the probation officer’s finding that

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2
Jacobo-Flores made false statements regarding his level of
involvement in the offense of conviction. See United States v.
Shipley, 963 F.2d 56, 59 (5th Cir. 1992). Jacobo-Flores has failed
to show that the district court’s denial of an adjustment for
acceptance of responsibility was without foundation. See United
States v. Solis, 299 F.3d 420, 458 (5th Cir. 2002).
Accordingly, the district court’s judgment is AFFIRMED.

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