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    United States v. Cureton, 4th Cir. (2002)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding the appeal of Jackie Denise Cureton's sentence. The court affirmed the district court's 30 month prison sentence for Cureton pleading guilty to uttering forged securities and making false statements. Cureton's counsel argued the district court erred in not granting a sentencing adjustment for acceptance of responsibility, but the appellate court found the district court had substantial evidence to deny the adjustment because Cureton continued criminal activity after her guilty plea. The appellate court conducted an independent review and found no meritorious issues for appeal.

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    United States v. Cureton, 4th Cir. (2002)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding the appeal of Jackie Denise Cureton's sentence. The court affirmed the district court's 30 month prison sentence for Cureton pleading guilty to uttering forged securities and making false statements. Cureton's counsel argued the district court erred in not granting a sentencing adjustment for acceptance of responsibility, but the appellate court found the district court had substantial evidence to deny the adjustment because Cureton continued criminal activity after her guilty plea. The appellate court conducted an independent review and found no meritorious issues for appeal.

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    Filed: 2002-12-19 Precedential Status: Non-Precedential Docket: 02-4134

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding the appeal of Jackie Denise Cureton's sentence. The court affirmed the district court's 30 month prison sentence for Cureton pleading guilty to uttering forged securities and making false statements. Cureton's counsel argued the district court erred in not granting a sentencing adjustment for acceptance of responsibility, but the appellate court found the district court had substantial evidence to deny the adjustment because Cureton continued criminal activity after her guilty plea. The appellate court conducted an independent review and found no meritorious issues for appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    78 views3 pages

    United States v. Cureton, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit regarding the appeal of Jackie Denise Cureton's sentence. The court affirmed the district court's 30 month prison sentence for Cureton pleading guilty to uttering forged securities and making false statements. Cureton's counsel argued the district court erred in not granting a sentencing adjustment for acceptance of responsibility, but the appellate court found the district court had substantial evidence to deny the adjustment because Cureton continued criminal activity after her guilty plea. The appellate court conducted an independent review and found no meritorious issues for appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    v.
    JACKIE DENISE CURETON, a/k/a Jackie
    Cureton Little,
    Defendant-Appellant.

    No. 02-4134

    Appeal from the United States District Court


    for the Western District of North Carolina, at Charlotte.
    Richard L. Voorhees, District Judge.
    (CR-00-180-V)
    Submitted: December 3, 2002
    Decided: December 19, 2002
    Before NIEMEYER and MOTZ, Circuit Judges, and
    HAMILTON, Senior Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    COUNSEL
    Danielle Bess Obiroah, MASON-WATSON, OBIROAH & SINGLETARY, P.C., Charlotte, North Carolina, for Appellant. Kenneth
    Michel Smith, OFFICE OF THE UNITED STATES ATTORNEY,
    Charlotte, North Carolina, for Appellee.

    UNITED STATES v. CURETON

    Unpublished opinions are not binding precedent in this circuit. See


    Local Rule 36(c).

    OPINION
    PER CURIAM:
    Jackie Denise Cureton appeals the district courts order sentencing
    her to thirty months imprisonment following her guilty plea to two
    counts of uttering forged securities in violation of 18 U.S.C. 513(a)
    (2000), and two counts of making false statements in violation of 18
    U.S.C. 1001, 1014 (2000).
    Curetons counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), in which she states there are no meritorious
    issues on which to base an appeal, but asserts Curetons desire to
    challenge the district courts refusal to award her an adjustment for
    acceptance of responsibility. Cureton was advised of her right to file
    a pro se brief, but she did not do so.
    We review a sentencing courts evaluation of acceptance of responsibility under the clearly erroneous standard. United States v. Ruhe,
    191 F.3d 376, 388 (4th Cir. 1999). After receiving testimony at the
    sentencing hearing, the district court concluded that Cureton had continued to engage in criminal activity after her guilty plea. Continuing
    criminal activity is the antithesis of acceptance of responsibility and
    is an appropriate consideration in the denial of credit for the same
    within the scope of the sentencing guidelines. See United States v.
    Franks, 46 F.3d 402, 406 (5th Cir. 1995); United States v. Panadero,
    7 F.3d 691, 694 (7th Cir. 1993).
    Our review of the record discloses substantial evidence on which
    the district court could properly base its conclusion. Furthermore, we
    have examined the entire record in this case in accordance with the
    requirements of Anders and find no meritorious issues for appeal.
    Accordingly, we affirm the judgment of the district court.
    This court requires that counsel inform her client, in writing, of her
    right to petition the Supreme Court of the United States for further

    UNITED STATES v. CURETON

    review. If the client requests that a petition be filed, but counsel


    believes that such a petition would be frivolous, then counsel may
    move in this court for leave to withdraw from representation. Counsels motion must state that a copy thereof was served on the client.
    We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and
    argument would not aid the decisional process.
    AFFIRMED

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