Professional Documents
Culture Documents
No. 09-5011
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever III,
District Judge. (5:09-cr-00091-D-1)
Submitted:
Decided:
PER CURIAM:
Ricardo Sanchez Mendoza pled guilty to one count of
conspiracy
to
violation
of
possess
21
with
U.S.C.
intent
846
to
distribute
(2006),
and
cocaine,
in
counts
of
three
He
pled
not
guilty
to
possession
of
firearm
in
appeal,
denying
Mendoza
his
alleges
motion
to
that
the
suppress
district
evidence
court
of
erred
in
out-of-court
adjustment
responsibility.
in
his
sentence
for
acceptance
of
P. 36.
Mendoza first argues that the district court erred in
denying
his
motion
to
suppress
evidence
of
his
out-of-court
We review
(1972).
engage
court
must
in
two-step
inquiry
in
See
the
procedure
defendant
was
must
establish
impermissibly
that
the
suggestive.
identification
See
Manson
v.
court
must
determine
whether
the
identification
was
the
suggestiveness
directly
to
the
of
an
second,
identification
reliability
procedure
step.
Holdren
and
v.
determining
reliability,
the
court
considers
the
attention;
description
of
(3)
the
the
accuracy
criminal;
(4)
of
the
the
witness
level
of
prior
certainty
Neil,
photographic
identifications.
White
made
unequivocal,
accurate.
Under
these
circumstances,
we
hold
that
any
corrupting
identification itself. *
effect
of
the
suggestive
Accordingly,
we conclude that that the district court did not err in denying
Mendozas motion to suppress.
Next, Mendoza asserts that he should have received a
downward adjustment for acceptance of responsibility.
a
defendant
generally
responsibility
Manual
(USSG)
adjustment
for
is
not
adjustment
3E1.1
eligible
under
(2008)
obstruction
of
U.S.
when
justice
for
the
acceptance
Sentencing
he
receives
under
However,
USSG
of
Guidelines
an
upward
3C1.1.
United States v. Hudson, 272 F.3d 260, 263 (4th Cir. 2001).
The
justice
demonstrate
Id.
adjustment.
We
extraordinary
hold
that
circumstances
Mendoza
warranting
failed
to
application
we
affirm
Mendozas
conviction
and
Four and Five, and was found guilty by a jury after pleading not
guilty to Count Three.
this clerical error.
oral
argument
adequately
because
presented
in
the
the
facts
and
materials
legal
before
We dispense with
contentions
the
court
are
and