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Unpublished
Unpublished
Unpublished
No. 15-4336
Appeal from the United States District Court for the District of
South Carolina, at Anderson.
Timothy M. Cain, District Judge.
(8:14-cr-00324-TMC-2)
Submitted:
Decided:
PER CURIAM:
Simon Allen, Jr., appeals his 12-month-and-one-day sentence
imposed after he pled guilty without a plea agreement to one
count of conspiracy to defraud the Government, in violation of
18
U.S.C.
371
(2012).
Allens
sole
argument
is
that
the
level
by
two
levels
if
the
defendant
clearly
prove
clearly
by
recognized
responsibility
for
and
his
of
the
evidence
affirmatively
criminal
conduct.
that
accepted
United
he
has
personal
States
v.
of
appropriate
defendant
is
reduction.
considerations
entitled
USSG
to
3E1.1
an
to
determine
acceptance
cmt.
n.1.
of
Most
whether
responsibility
relevant
to
this
truthfully
additional
relevant
accountable[.]
a
admit[s]
defendant
or
conduct
[does]
not
falsely
for
which
the
falsely
denies,
or
deny[]
any
defendant
is
frivolously
contests,
the
parties
and
find
no
error
in
the
v.
Hargrove,
(recognizing
that
478
district
F.3d
195,
198
(4th
court
acceptance
of
See United
Cir.
2007)
responsibility
Allen
summarily
states
that
the
district
court
Admittedly,
against
the
deliberate
elicitation
of
incriminating
United States v.
Thus, [t]he Sixth
adverse
positions
of
government
and
defendant
have
Id.
Here, Allen
Government
and
take
positions
inconsistent
with
one
court.
Accordingly,
we
discern
no
Sixth
Amendment
violation.
Based
judgment.
legal
before
on
the
foregoing,
we
affirm
the
district
courts
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED