United States v. Thomas Lee Rutledge

Opinion by Judge T.G. NELSON.

I

OVERVIEW

Thomas Lee Rutledge (Rutledge) appeals his 120-month sentence after he pled guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). He contends that the district court erred in: (1) refusing to grant a reduction in his offense level for acceptance of responsibility; (2) calculating his criminal history score; and (3) enhancing his base offense level for possession of a firearm in connection with an attempted robbery. We affirm.

II

BACKGROUND

On April 30, 1992, a federal grand jury for the Eastern District of California indicted Rutledge for being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). Rutledge pled guilty to the charge. At the sentencing hearing on February 9, 1993, the district court heard testimony regarding the events of March 23, 1992. .

On that day, Rutledge entered a Subway sandwich shop in South Lake Tahoe with a semi-automatic pistol in his pocket. He and Patricia Dement (now Rutledge’s wife) had been on vacation in the area and were returning to Fresno when Rutledge pulled into the Subway parking lot. Because Rutledge had an upset stomach, they remained…