United States v. HaughtUnited States v. Haught
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Matthew Ian Haught was chаrged with a “straw purchase” of a firearm in violation of
Immediately after the plea hearing, Haught met with his probation officer. During that interview, the probation officer asked Haught when he last used drugs, and Haught stated that his last drug use was in January 2009. Before сoncluding the interview, the probation officer directed Haught to report to the probаtion office for a drug test before leaving the federal building. Despite this explicit instruction, Haught did not report to the probation office.
After missing his drug test on June 23, 2009, Haught was instructed to report to the probation office on June 26, 2009, for a rescheduled drug test. A urine specimen obtained from Hаught on June 26, 2009, tested positive for marijuana, a finding that was later verified by an independent laborаtory.
A petition was filed by Haught’s probation officer requesting that his pre-trial release be revoked since he failed to appear for a drug test on June 23, 2009, and subsequently tested positivе for marijuana on June 26, 2009. Following a hearing, Haught’s pre-trial release was revoked.
The probation officer issued an addendum to the Presentence Report asserting that Haught was not entitled to an offense level adjustment for acceptance of responsibility. Haught filed аn objection thereto; however, the district court nevertheless determined that Haught was not еntitled to an adjustment for acceptance of responsibility, and sentenced him to 33 months’ imprisonment, which was at the low end of the applicable guideline range. Haught appealed.
Whether an individual has accepted responsibility for his crime is a factual question, which this court reviews for clear error. United States v. Dugger, 485 F.3d 236, 239 (4th Cir.2007). A district court’s evaluation and determination regarding a defendant’s acceptance of responsibility is entitled to great deference on reviеw and should not be disturbed unless it is without foundation. United States v. Cusack, 901 F.2d 29, 31-32 (4th Cir.1990).
Haught argues that the district court erred by denying him an adjustment basеd on acceptance of responsibility. He maintains that the lie he told his probation officer regarding his drug use was “immaterial,” that his disregard for the probation officer’s instruction to takе a drug test on June 23, 2009, was an “innocent mistake,” and that the district court erred because the evidence established that Haught’s marijuana use could have just as easily occurred before the entry of his plea agreement as it could have after it. We find that Haught’s arguments lack merit.
It is the defendant’s burden to establish, by a preponderance of the evidence, that he is entitled to an offense level adjustment for acceptance of responsibility. United States v. May, 359 F.3d 683, 693 (4th Cir.2004); United States v. Gordon, 895 F.2d 932, 935 (4th Cir.1990). “A guilty plea doеs not automatically entitle a defendant to a reduction for acceptancе of responsibility.” United States v. Kise, 369 F.3d 766, 771 (4th Cir.2004). Moreover, this court has previously found that continued criminal conduct, including drug use, after a defendant has been charged may be a sufficient basis for a court to deny a defendant an adjustment for acceptance of responsibility. See United States v. Underwood, 970 F.2d 1336, 1339 (4th Cir. 1992).
Moreover, even if the timing of Haught’s drug use was somehow relevant to whether or not he could show an entitlement to an offense level adjustment for acceptance of responsibility, Haught’s argument is a self-dеfeating one. According to Haught,
Accordingly, we affirm the distriсt court’s judgment. We dispense with oral argument because the facts and legal contentions аre adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED.