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U.S. v. FRAZIER

No. 91-5865.

971 F.2d 1076 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Malcolm FRAZIER, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 12, 1992.

Attorney(s) appearing for the Case

Leonard A. Kaplan, Asst. Federal Public Defender, Charleston, W.Va., for defendant-appellant.

Phillip Blair Scott, Asst. U.S. Atty. (Michael W. Carey, U.S. Atty., on the brief), Charleston, W.Va., for plaintiff-appellee.

Before WILKINSON and LUTTIG, Circuit Judges, and KIDD, Senior United States District Judge for the Northern District of West Virginia, sitting by designation.

OPINION

LUTTIG, Circuit Judge:

Malcolm Frazier appeals a sentencing decision by the United States District Court for the Southern District of West Virginia denying him an acceptance of responsibility reduction pursuant to U.S.S.G. § 3E1.1. He challenges the district court's denial of the reduction as improper under the guideline itself and unconstitutional under the Fifth Amendment. We conclude that the district court fully complied with the requirements...

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