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United States of America v. Diablo S. William

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Submitted: May 14, 2012

Before MURPHY, BENTON, and SHEPHERD, Circuit Judges.

Diablo S. William pled guilty to two counts of distributing five grams or more of cocaine base, in violation of 21 U.S.C. § 841(a)(1) and (b)(1). William was released pending sentencing and subsequently arrested for robbery. At the sentencing for William’s federal drug offenses, the district court found that William’s arrest for *fn1 robbery and his attempts to manufacture exculpatory evidence meant that he was not entitled to a three-level reduction for acceptance of responsibility in his advisory sentencing Guidelines offense level. The court sentenced William to 262 months imprisonment on each count, to be served concurrently. William appeals his sentence, arguing that the court erred procedurally by denying him the three-level reduction. We affirm.

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