United States v. Munoz ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-10861
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SALVADOR DURAN MUNOZ, also known as Chava,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:97-CR-11-A-1
- - - - - - - - - -
April 8, 1998
Before JOLLY, JONES, and DUHÉ, Circuit Judges.
PER CURIAM:*
Salvador Duran Munoz challenges the sentence he received
after pleading guilty to possession with intent to distribute
cocaine. He argues that the district court mistakenly believed
that it could not downwardly depart pursuant to U.S.S.G. § 5K2.0
based on his extraordinary acceptance of responsibility and his
stipulation to be deported. The record does not indicate that
the court mistakenly thought it lacked the authority to
downwardly depart. This claim is thus not reviewable. See
*
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that this opinion should not be published and is not precedent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. 97-10861
- 2 -
United States v. Burleson, 22 F.3d 93, 95 (5th Cir. 1994). Munoz
also argues that he was entitled to the “safety-valve” provision
of § 5C1.2. The court’s failure to apply this guideline did not
constitute plain error. United States v. Calverley, 37 F.3d 160,
162-64 (5th Cir. 1994) (en banc). We have reviewed the record
and the parties’ briefs and AFFIRM the sentence imposed by the
district court.
AFFIRMED.