United States of America, Plaintiff-appellee, v. Peter J. Ninemire, Defendant-appellant, 961 F.2d 221 (10th Cir. 1992)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

Appellant claims the trial court was clearly erroneous in refusing to give appellant a two-level reduction in offense level for acceptance of responsibility. The burden to demonstrate acceptance of responsibility is on the appellant. The fact that he plead guilty and recited to the court that he accepted responsibility does not, standing by itself, require the trial court to find that he had accepted responsibility.

In view of the evidence that he had been uncooperative in explaining his whereabouts during the period of his failure to report for sentencing together with the very limited evidence presented by him of his acceptance of responsibility adequately support the trial court's decision not to grant a two-level reduction.

The decision of the trial court was not clearly erroneous. AFFIRMED.