U.S. Court of Appeals for the Fifth Circuit, 2009

United States v. Thang Dinh Ngo

United States v. Thang Dinh Ngo
U.S. Court of Appeals for the Fifth Circuit · Decided September 16, 2009 · Benavides, Per Curiam, Prado, Southwick
347 F. App'x 37

United States v. Thang Dinh Ngo

Opinion

PER CURIAM: *

Thang Dinh Ngo appeals the sentence imposed following his conviction for conspiracy to possess with intent to distribute cocaine and 3, 4 methylenedioxymethamphetamine. He argues that the district court erred in denying him safety valve reduction pursuant to U.S.S.G. §§ 2Dl.l(b)(ll), 5C1.2 based on a finding that he failed to truthfully provide to the Government all information and evidence he had concerning the offense. We review the district court’s finding for clear error. United States v. Flanagan, 80 F.3d 143, 145 (5th Cir. 1996).

The district court was able to assess Ngo’s credibility and that of the testifying agents at the sentencing hearing and found that Ngo had never been entirely forthcoming during debriefing regarding his role in the offense. The court was entitled to discredit Ngo’s testimony to the contrary, see United States v. Sotelo, 97 F.3d 782, 799 (5th Cir. 1996), and the agents’ testimony was sufficient to support the district court’s factual finding. See United States v. McCrimmon, 443 F.3d 454, 457 (5th Cir. 2006).

AFFIRMED.

*

Pursuant to 5th Cut. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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