United States v. Michael Pena , 557 F. App'x 348 ( 2014 )

Case: 13-40531 Document: 00512546137 Page: 1 Date Filed: 02/27/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 13-40531 February 27, 2014
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
MICHAEL PENA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:12-CR-728-3
Before JOLLY, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM: *
Michael Pena appeals his 97-month sentence imposed following a jury
trial conviction for conspiracy to possess with intent to distribute more than
100 kilograms of marijuana. Pena argues that the district court prevented him
from arguing that he was entitled to a safety-valve adjustment and a minor-
role adjustment. This argument is factually incorrect because the district court
allowed him to make these arguments at the sentencing hearing. In any event,
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 13-40531 Document: 00512546137 Page: 2 Date Filed: 02/27/2014
No. 13-40531
Pena has not shown that, given his admitted lies in court, the denials of the
safety-valve adjustment and minor-role adjustment were clearly erroneous.
See United States v. Davis, 76 F.3d 82, 84 (5th Cir. 1996). Accordingly, the
judgment of the district court is AFFIRMED.
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