United States v. Thomas Lavell McClain

Thomas Lavell McClain appeals his 97-month sentence imposed following entry of a guilty plea to possession of cocaine hydrochloride and cocaine base with intent to distribute in violation of 21 U.S.C. § 841 (a)(1) and use of firearms during the commission of a drug trafficking crime in violation of 18 U.S.C. § 924 (c). McClain contends that the district court erred by denying him a downward adjustment for acceptance of responsibility. McClain also contends that the district court failed to make findings on alleged inaccuracies in the presentence report. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

I

Acceptance of Responsibility

The district court granted McClain a two-level downward adjustment under section 3El.l(a) of the Sentencing Guidelines for acceptance of responsibility, but denied McClain’s request for an additional one-level adjustment under section 3El.l(b)(2) because the government had prepared for trial. McClain argues that that finding was erroneous. We disagree.

We review for clear error the factual findings underlying a district court’s denial of the acceptance of responsibility adjustment. United States v. Colussi, 22 F.3d 218, 220 (9th…