The opinion
Case: 16-11500 Document: 00514388002 Page: 1 Date Filed: 03/15/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-11500
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
March 15, 2018
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
RONDALYN JOY ADDISON, also known as “Ronnie”,
Defendant-Appellant
Appeals from the United States District Court
for the Northern District of Texas
USDC No. 4:16-CR-119-1
Before KING, ELROD, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Following her guilty plea conviction for conspiracy to possess with intent
to distribute 50 grams or more of methamphetamine, Rondalyn Joy Addison
received a 360-month sentence, to be followed by a four-year term of supervised
release. In calculating the guidelines range, the district court concluded that
Addison was not entitled to a reduction for acceptance of responsibility because
although she had admitted in her Factual Resume that she had distributed
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 16-11500 Document: 00514388002 Page: 2 Date Filed: 03/15/2018
No. 16-11500
methamphetamine to Larry Daniel Maxey, she informed the probation officer
that she disagreed with that statement and that she had not directly provided
drugs to him. On appeal, Addison argues that she was entitled to an
acceptance-of-responsibility reduction, given her guilty plea and remorse for
her actions and in light of her statement that she believed Maxey may have
received methamphetamine from her through a third party.
A defendant may receive a sentencing reduction if she “clearly
demonstrates acceptance of responsibility for [her] offense.” U.S.S.G.
§ 3E1.1(a). The fact that a defendant has pleaded guilty to the charged offense
does not automatically qualify her for the reduction. § 3E1.1, comment. (n.3).
“[A] defendant who falsely denies, or frivolously contests, relevant conduct that
the court determines to be true” does not warrant the adjustment. § 3E1.1,
comment. (n.1(A)). The district court credited Addison’s statement in her
Factual Resume and adopted the presentence report, which included
information from Maxey indicating that Addison had provided him with
methamphetamine. Addison has not established that the denial of the
reduction was “without foundation.” United States v. Juarez-Duarte, 513 F.3d
204, 211 (5th Cir. 2008). Consequently, the judgment of the district court is
AFFIRMED.
2