United States v. Melayne R. Danekas

1 The Honorable Ortrie D. Smith, United States District Judge for the Western
District of Missouri.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 01-1832
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Western District of Missouri.
Michael C. Hughes, *
* [UNPUBLISHED]
Appellant. *
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Submitted: January 4, 2002
Filed: January 8, 2002
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Before BOWMAN, BRIGHT, and LOKEN, Circuit Judges.
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PER CURIAM.
Michael C. Hughes pleaded guilty to attempted possession of cocaine with
intent to distribute, in violation of 21 U.S.C. § 846 (1994), and the District Court 1
sentenced him to fifty-one months' imprisonment and three years' supervised release.
On appeal, Hughes argues that the Court failed to make factual findings at sentencing
concerning his criminal history, and that it was required to do so given his objection
to the presentence report (PSR).

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After carefully reviewing the record, we cannot agree with Hughes that he
objected to the PSR at sentencing. In fact, after the Court rejected a recommended
victim-related enhancement, Hughes’s counsel expressly informed the Court that
Hughes had no other objection to the PSR. The Court therefore committed no error
in adopting the rest of the PSR’s factual findings. See Fed. R. Crim. P. 32(b)(6)(D)
(stating that District Court may accept unobjected-to portions of PSR).
Accordingly, we affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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