USA v. Deshunn Williams

1 The Honorable Susan Webber Wright, Chief Judge, United States District
Court for the Eastern District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 02-1015
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
Pete Christopher Brown, * [UNPUBLISHED]
*
Appellant. *
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Submitted: April 24, 2002
Filed: April 29, 2002
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Before WOLLMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
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PER CURIAM.
Pete Christopher Brown pleaded guilty to willfully and knowingly stealing in
excess of $1,000 belonging to the United States, in violation of 18 U.S.C. § 641. The
district court 1 sentenced him to 18 months in prison and 3 years of supervised release,
and imposed mandatory restitution of $3,000. On appeal, Brown argues the court
should have granted an acceptance-of-responsibility reduction.

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We conclude that the court did not clearly err in denying the reduction,
because--even though Brown came forward and admitted his crime--he had
subsequently tested positive for drugs, failed to complete a drug treatment program
as ordered, and failed to report to his pretrial services officer. See U.S.S.G.
§ 3E1.1(a) (defendant may receive reduction if he “clearly demonstrates acceptance
of responsibility for his offense”); United States v. Ervasti, 201 F.3d 1029, 1043 (8th
Cir. 2000) (standard of review); United States v. Byrd, 76 F.3d 194, 196-97 (8th Cir.
1996) (sentencing judge may consider conduct unrelated to offense in determining
whether defendant qualifies for acceptance-of-responsibility adjustment).
Accordingly, the judgment is affirmed.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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