United States v. Alvarado ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 20, 2004
Charles R. Fulbruge III
Clerk
No. 03-41106
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ERNESTO ALVARADO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:03-CR-58-2
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Before JOLLY, JONES, and WIENER, Circuit Judges.
PER CURIAM:*
Ernesto Alvarado appeals his sentence following a guilty
plea to possession with intent to distribute cocaine. See
21 U.S.C. § 841(a)(1), (b)(1)(A). Alvarado challenges the
district court’s finding that he did not meet the requirement of
the “safety valve” provision, U.S.S.G. § 5C1.2(a)(5), that he
truthfully provide the Government with all information and
evidence he had concerning the offense. Because Alvarado was
found not credible, the district court did not err in finding
*
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this opinion should not be published and is not precedent except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. 03-41106
-2-
that Alvarado did not meet the safety valve criteria in U.S.S.G.
§ 5C1.2 which would qualify him for a two-level downward
adjustment pursuant to U.S.S.G. § 2D1.1(b)(6). See United States
v. Solis, 169 F.3d 224, 226 (5th Cir. 1999); United States v.
Flanagan, 80 F.3d 143, 145-47 (5th Cir. 1996).
AFFIRMED.