United States v. Ramos ( 1999 )

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.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-98-CR-337-1
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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that this opinion should not be published and is not precedent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.