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U.S. v. HARRIS

No. 11-10997.

702 F.3d 226 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Nicholas HARRIS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 10, 2012.

Attorney(s) appearing for the Case

Brian W. Portugal , Sp. Asst. U.S. Atty. (argued), Dallas, TX, for Plaintiff-Appellee.

Kevin Joel Page (argued), Douglas Anthony Morris , Fed. Pub. Defenders, Dallas, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, ELROD and HAYNES, Circuit Judges.

PER CURIAM:

Nicholas Harris appeals the 132-month sentence imposed upon his conviction of attempted possession with intent to distribute cocaine. He contends that: (1) the district court committed procedural error by improperly considering his prior arrest record; (2) the facts underlying his sentence were not proven to a jury beyond a reasonable doubt; and (3) the district court erred by not reducing his offense level for acceptance of responsibility. For the reasons...

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