United States Court of Appeals FOR THE EIGHTH CIRCUIT _____________

No. 98-2298WM _____________

United States of America, * * Appellee, * Appeal from the United States * District Court for the Western v. * District of Missouri. * Robert Earl Garrett, * [UNPUBLISHED] * Appellant. * _____________

Submitted: December 7, 1998 Filed: December 10, 1998 _____________

Before FAGG, BEAM, and LOKEN, Circuit Judges. _____________

PER CURIAM.

Robert Earl Garrett appeals the sentence entered on Garrett's guilty plea to a drug conspiracy charge. Garrett contends the district court improperly rejected Garrett's request to apply the safety-valve provision because he did not possess a firearm in connection with the offense of conviction. Contrary to Garrett's view, we conclude Garrett failed to carry his burden to show that the above-mentioned condition of the safety-valve provision had been satisfied. Having reviewed the record and finding no error by the district court, we affirm Garrett's sentence without further discussion. See 8th Cir. R. 47B. A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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