USA v. Marcia Morrison
UNPUBLISHED OPINION FILED. [16-10356 Affirmed] Judge: FPB, Judge: JLD, Judge: ECP. Mandate pull date is 03/06/2017 for Appellant Marcia Caraway Morrison [16-10356]
Date Filed: 02/13/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
February 13, 2017
Lyle W. Cayce
UNITED STATES OF AMERICA,
MARCIA CARAWAY MORRISON,
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:15-CR-224-1
Before BENAVIDES, DENNIS, and PRADO, Circuit Judges.
PER CURIAM: *
Marcia Caraway Morrison appeals her 70-month prison sentence for
wire fraud. She challenges the district court’s denial of a reduction of her
offense level for acceptance of responsibility under U.S.S.G. § 3E1.1. Our
review is even more deferential than review for clear error, and we will affirm
the district court’s decision unless it is without foundation. United States v.
Solis, 299 F.3d 420, 458 (5th Cir. 2002).
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Date Filed: 02/13/2017
At her rearraignment, Morrison stated under oath that a written
summary of the facts supporting her guilty plea was true and correct. The
summary stated that Morrison transferred $50,000 from a bank account
without the owner’s knowledge or consent. The information to which Morrison
pleaded guilty identified this $50,000 transfer as the basis for the wire fraud
During a presentence interview, however, Morrison stated that the
$50,000 was a loan. Morrison thus denied conduct comprising the offense of
conviction. See U.S.S.G. § 3E1.1, comment. (n.1(A)); United States v. Galban,
No. 93-3844, 1994 WL 399501, at *1 (5th Cir. July 22, 1994) (unpublished); see
also 5TH CIR. R. 47.5.3 (unpublished opinions issue before 1996 are precedent).
The district court’s ruling was not without foundation. See Solis, 299 F.3d at
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?