UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,
Plaintiff-Appellee,

v.                                                                     No. 96-4847

SEAN PATRICE CLARKSON,
Defendant-Appellant.

Appeal from the United States District Court
for the Eastern District of North Carolina, at Raleigh.
W. Earl Britt, District Judge.
(CR-95-49)

Submitted: April 17, 1997

Decided: June 16, 1997

Before NIEMEYER and WILLIAMS, Circuit Judges, and
BUTZNER, Senior Circuit Judge.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

Charles C. Henderson, Trenton, North Carolina, for Appellant. Janice
McKenzie Cole, United States Attorney, Anne M. Hayes, Assistant
United States Attorney, William A. Webb, Assistant United States
Attorney, Raleigh, 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Unpublished opinions are not binding precedent in this circuit.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:

Sean Patrice Clarkson appeals from his sentence. Clarkson pled
guilty to one count of conspiracy to possess with the intent to distrib-
ute heroin, cocaine, and cocaine base in violation of 21 U.S.C. § 846
(1994), and was sentenced to 108 months imprisonment. Clarkson's
only contention in this appeal is that the sentencing court erred by
refusing to reduce his offense level by three levels based on accep-
tance of responsibility. See United States Sentencing Commission,
Guidelines Manual, § 3E1.1 (Nov. 1995).

It is undisputed that Clarkson submitted two positive urine screens
for cocaine while he was on pretrial release in violation of the condi-
tions of his bond. Further, he denied any involvement with selling
drugs during any part of the conspiracy to the probation officer. We
find that the district court did not clearly err, see United States v.
Curtis, 934 F.2d 553, 557 (4th Cir. 1991), by finding that Clarkson
was not entitled to a reduction in his offense level for acceptance of
responsibility based on his continued drug use following his arrest
and prior to sentencing. See United States v. Kidd, 12 F.3d 30, 34 (4th
Cir. 1993) (continued use and illegal distribution of cocaine after
indictment and plea agreement); United States v. Underwood, 970
F.2d 1336, 1338-39 (4th Cir. 1992) (continued use of marijuana after
entering into plea agreement).

Accordingly, Clarkson's sentence is affirmed. We deny Clarkson's
motion requesting the appointment of another attorney. We dispense
with oral argument because the facts and legal contentions are ade-
quately presented in the materials before the court and argument
would not aid the decisional process.

AFFIRMED

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