United States v. Ramos

U.S. Court of Appeals for the Fifth Circuit

United States v. Ramos

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-40438 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JUAN ANTONIO RAMOS,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. C-98-CR-337-1 --------------------

December 20, 1999

Before SMITH, BARKSDALE, and PARKER, Circuit Judges.

PER CURIAM:*

Juan Antonio Ramos appeals the sentence imposed upon his

guilty-plea conviction for possession with the intent to

distribute cocaine. Ramos argues that the district court erred

in denying application of the safety-valve provision provided in

U.S.S.G. § 5C1.2 because he provided to the Government all

information and evidence he had concerning the offense.

Under § 5C1.2, the district court may sentence a defendant

without regard to the statutory minimum sentence if it is

determined, inter alia, that the defendant truthfully provided

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 99-40438 -2-

the Government with “all information and evidence the defendant

has concerning the offense[.]” § 5C1.2(5). We review a district

court’s refusal to apply § 5C1.2 based on factual findings for

clear error. See United States v. Edwards,

65 F.3d 430, 433

(5th

Cir. 1995). We perceive no such error here.

AFFIRMED.

Reference

Status
Unpublished