US v. Jermaine Jenkins

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:13-cr-00487-NCT-1 Copies to all parties and the district court/agency. [999736420].. [15-4095]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-4095

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JERMAINE LAMONT JENKINS, a/k/a Twin,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
N. Carlton Tilley,
Jr., Senior District Judge. (1:13-cr-00487-NCT-1)

Submitted:

November 30, 2015

Decided:

January 15, 2016

Before NIEMEYER, MOTZ, and DIAZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

George E. Crump, III, Rockingham, North Carolina, for Appellant.
Ripley Rand, United States Attorney, Joanna G. McFadden,
Assistant United States Attorney, Greensboro, North Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jermaine Lamont Jenkins pled guilty to conspiracy to commit
bank fraud, 18 U.S.C. § 1349 (2012), and aggravated identity
theft,

18

U.S.C.

§ 1028A(a)(1)

(2012).

The

district

court

sentenced Jenkins to a total of 154 months’ imprisonment.

He

now appeals, raising three issues related to the calculation of
his sentence.

We affirm.

Jenkins contends that the district court clearly erred in
applying

a

four-level

sentencing

enhancement

for

leadership,

pursuant to U.S. Sentencing Guidelines Manual § 3B1.1(a) (U.S.
Sentencing Comm’n 2013), and a two-level sentencing enhancement
for

obstruction

of

justice,

pursuant

to

USSG

§ 3C1.1.

A

district court’s factual findings at sentencing are reviewed for
clear error.

United States v. Andrews, __ F.3d __, __, 2015 WL

6575671,

*4

at

(4th

Cir.

Oct.

30,

2015)

(No.

14-4422)

(obstruction-of-justice enhancement); United States v. Steffen,
741 F.3d 411, 414 (4th Cir. 2013) (leadership enhancement).

Our

review of the record reveals no clear error by the district
court in these determinations.

Accordingly, the enhancements

were proper.
Jenkins

also

asserts

that

the

district

court

erred

in

denying him a three-level downward adjustment for acceptance of
responsibility, pursuant to USSG § 3E1.1.

Absent extraordinary

circumstances, a defendant is ineligible for the acceptance-of2

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responsibility
justice

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adjustment

enhancement.

when
USSG

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he

receives

§ 3E1.1

an

cmt.

obstruction-of-

n.4;

see

United

States v. Knight, 606 F.3d 171, 175 (4th Cir. 2010).
fails

to

establish

reduction.
(4th

extraordinary

circumstances

Jenkins

warranting

a

See United States v. Hudson, 272 F.3d 260, 263-64

Cir.

2001)

(assigning

burden

to

defendant).

Thus,

we

conclude that the district court did not clearly err in denying
the reduction.

See United States v. Burns, 781 F.3d 688, 692

(4th Cir.) (stating standard of review), cert. denied, 135 S.
Ct. 2872 (2015).
Accordingly, we affirm the district court’s judgment.
dispense

with

contentions

are

oral

argument

adequately

because

presented

in

the
the

facts

We

and

legal

materials

before

this court and argument would not aid the decisional process.

AFFIRMED

3