US v. Jonathan Savage, No. 14-4153 (4th Cir. 2014)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-4153 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JONATHAN W. SAVAGE, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Columbia. Cameron McGowan Currie, Senior District Judge. (3:13-cr-00688-CMC-1) Submitted: July 21, 2014 Decided: August 4, 2014 Before SHEDD and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. James P. Rogers, Assistant Federal Public Defender, Columbia, South Carolina, for Appellant. William N. Nettles, United States Attorney, T. DeWayne Pearson, Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jonathan W. Savage pleaded guilty to one count of making, forging and counterfeiting United States currency, in violation of 18 U.S.C. § 471 (2012). district court by Guidelines Sentencing erred for not Savage contends that the giving acceptance him of credit under responsibility. the We affirm. The determination of whether a defendant is deserving of an acceptance of responsibility adjustment is a factual issue and thus reviewed for clear error. F.3d 236, 239 (4th Cir. 2007). unique position responsibility, sentencing to and judge is The sentencing judge is in a evaluate thus . entitled United States v. Dugger, 485 a . defendant s . to the great acceptance determination deference on of of the review. Elliott v. United States, 332 F.3d 753, 761 (4th Cir. 2003) (internal quotations and brackets omitted). We will reverse the district court s finding only when left with the definite and firm conviction that a mistake has been committed. Dugger, 485 F.3d at 239 (internal quotation marks omitted). Section 3E1.1 of the Guidelines Manual provides for a two-level reduction for a defendant who clearly demonstrates acceptance of responsibility for his offense. United States v. Jeffery, 631 F.3d 669, 678 (4th Cir. 2011) (quoting USSG § 3E1.1(a)). To merit this reduction, the defendant must 2 establish clearly by a preponderance recognized responsibility for and his of the evidence affirmatively criminal accepted conduct. Nale, 101 F.3d 1000, 1005 (4th Cir. 1996). that United he has personal States v. The Guidelines note that in considering this adjustment, the district court should look at whether the defendant voluntarily terminated or withdrew from criminal conduct and whether the defendant engaged in postoffense rehabilitative efforts, among other factors. Sentencing Guidelines Manual § 3E1.1, application See U.S. notes 1(B), (G); see also Dugger, 485 F.3d at 240 (a court may look for a clear demonstration of acceptance of responsibility by voluntary termination of or withdrawal from criminal conduct). Evidence of continued drug use after indictment but before a guilty plea may support the district court s decision to deny an acceptance of responsibility enhancement. See United States v. Underwood, 970 F.2d 1336, 1338-39 (4th Cir. 1992). Even criminal conduct unrelated to the charged criminal conduct may support a finding that the defendant has not accepted responsibility. United States v. Arellano, 291 F.3d 1032, 1034-35 (8th Cir. 2002); see also United States v. Prince, 204 F.3d 1021, 1023 (10th Cir. 2000); United States v. Ceccarani, 98 F.3d 126, 130 (3d Cir. 1996). We conclude that the district court s decision not to give Savage credit for acceptance 3 of responsibility was not clearly erroneous. dispense with contentions are oral Accordingly, we affirm the judgment. argument adequately because presented in the the facts We and legal materials before this court and argument would not aid the decisional process. AFFIRMED 4
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