UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,
Plaintiff-Appellee,

v.
                                                                        No. 96-4766
KEITH MONTAGUE, a/k/a Michael
Lewis Walker,
Defendant-Appellant.

Appeal from the United States District Court
for the Middle District of North Carolina, at Winston-Salem.
Frank W. Bullock, Jr., Chief District Judge.
(CR-96-73-6)

Submitted: July 24, 1997

Decided: August 4, 1997

Before HAMILTON, LUTTIG, and MOTZ, Circuit Judges.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

William E. Martin, Federal Public Defender, Eric D. Placke, Assistant
Federal Public Defender, Greensboro, North Carolina, for Appellant.
Walter C. Holton, Jr., United States Attorney, Paul A. Weinman,
Assistant United States Attorney, Greensboro, North Carolina, for
Appellee.

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Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).

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OPINION

PER CURIAM:

Keith Montague pled guilty to possession of 225 grams of crack
cocaine with intent to distribute, 21 U.S.C.A. § 841 (West 1981 &
Supp. 1997), and was sentenced to a term of 151 months imprison-
ment. He appeals his sentence on the ground that the district court
clearly erred in denying him an adjustment for acceptance of respon-
sibility. United States Sentencing Commission, Guidelines Manual,
§ 3E1.1 (Nov. 1995). We affirm.

Montague was arrested while transporting crack from New York
into North Carolina. He immediately cooperated, but falsely identified
himself as "Michael Lewis Walker." He persisted in using this name
until after his guilty plea. When he was confronted by the probation
officer with inconsistent information relating to"Michael Lewis
Walker," Montague admitted that he had purchased an identification
card in that name about a year earlier. Once Montague's real identity
was known, the probation officer learned that he was an illegal alien
and had pending drug charges in Connecticut and New York.

Montague conceded that he had obstructed justice and did not con-
test the recommended adjustment under USSG § 3C1.1. However, he
argued that his guilty plea and early cooperation merited a reduction
for acceptance of responsibility. Generally, an adjustment for obstruc-
tion of justice precludes an acceptance of responsibility adjustment,
but in extraordinary cases both may apply. USSG§ 3E1.1, comment.
(n.4). The district court found that no extraordinary circumstances
were present. We agree.

The sentence is accordingly affirmed. We dispense with oral argu-
ment because the facts and legal contentions are adequately presented
in the materials before the court and argument would not aid the deci-
sional process.

AFFIRMED

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