United States v. Henry Garcia

OPINION

BATCHELDER, Circuit Judge.

Appellant Henry Garcia appeals his sentence from the district court’s order denying him a reduction for acceptance of responsibility. Appellant also claims that the district court improperly increased his sentence by making findings of fact regarding the amount of drugs transported in violation of the Supreme Court’s decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). Because we hold that the district court did not clearly err in denying Garcia credit for acceptance of responsibility and that Apprendi does not affect the…