Documentos de Académico
Documentos de Profesional
Documentos de Cultura
No. 15-4364
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. Louise W. Flanagan,
District Judge. (7:14-cr-00044-FL-1)
Submitted:
Decided:
PER CURIAM:
Daniel Earl Johnson appeals the district courts judgment
after
pleading
guilty
to
being
felon
in
possession
of
On appeal, he
We affirm.
determining
whether
properly
calculated,
findings
for
clear
the
advisory
we
review
error
and
the
its
Guidelines
district
legal
range
courts
conclusions
was
factual
de
novo.
United States v. Dodd, 770 F.3d 306, 309 (4th Cir. 2014), cert.
denied, 135 S. Ct. 1514 (2015).
Johnson first contends the district court erred by applying
an official victim enhancement under U.S. Sentencing Guidelines
Manual 3A1.2(c)(1) (2014).
reasonable
cause
to
believe
that
person
was
law
628
F.3d
3A1.2(c)(1)).
654,
659
(4th
Cir.
United States v.
2010)
(quoting
USSG
to
have
been
pointed
in
his
direction.
However,
the
straight
out
and
pointed
it
at
the
officer,
making
eye
pointing a gun at him and prompted the officer to raise his own
weapon.
saw the gun in Johnsons hand, causing the officer to slow down
because he was scared that Johnson was going to shoot him.
We
3E1.1
reduction
based
on
for
his
acceptance
new
of
criminal
3
responsibility
conduct
under
committed
in
USSG
jail
charged
with
felony
assault
with
Specifically, he
physical
injury
on
detention employee.
at
nothing
the
jail
had
to
do
with
his
violation
of
decision
often
to
grant
depends
on
an
acceptance-of-responsibility
the
actions
of
the
defendant
termination
or
voluntary
surrender
to
commission
of
efforts,
and
manifesting
the
the
withdrawal
from
authorities
offense,
timeliness
acceptance
of
of
criminal
promptly
post-offense
the
after
the
rehabilitative
defendants
responsibility.
conduct,
conduct
Id.
at
in
239
A guilty plea
Id.
there
is
evidence
compelling
Id.
4
us
to
conclude
that
the
the
best
statements
position
to
to
determine
evaluate
whether
the
the
defendants
defendant
acts
has
Id.
and
accepted
Based on
with
contentions
are
oral
argument
adequately
because
presented
in
the
the
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED