United States v. Green ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-30148
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAVIER ARINSON LANDAZURI, also known as Tony,
Defendant-Appellant.
Consolidated with
No. 00-30149
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAMES WINDELL GLOVER,
Defendant-Appellant.
Consolidated with
No. 00-30239
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RODNEY GREEN,
Defendant-Appellant.
No. 00-30148
No. 00-30149
No. 00-30239
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Appeals from the United States District Court
for the Western District of Louisiana
USDC No. 98-CR-60030-2
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July 2, 2001
Before DAVIS, JONES, and DeMOSS, Circuit Judges.
PER CURIAM:*
These defendants appeal from their guilty plea con-
victions arising out of an indictment for conspiracy to distribute
cocaine base in the Lafayette, Louisiana area.
JAVIER ARINSON LANDAZURI
Landazuri pleaded guilty to conspiracy to distribute
cocaine base. Landazuri argues that the district court clearly
erred in reducing his offense level for acceptance of
responsibility under U.S.S.G. § 3E1.1 by two rather than three
levels. Landazuri has not shown that the district court’s finding
that he had not given complete information to the Government and
had not decided to plead guilty early enough to qualify for the
three-level reduction is clearly erroneous. See United States v.
Nguyen, 190 F.3d 656, 659 (5th Cir. 1999).
Landazuri argues that the district court erred in not
applying the safety-valve provisions of § 5C1.2 of the Sentencing
Guidelines. He has not shown that the district court was clearly
erroneous in its finding that he did not provide complete
information to the Government. See United States v. Flanagan, 80
F.3d 143, 145 (5th Cir. 1996).
*
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opinion should not be published and is not precedent except under the limited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. 00-30148
No. 00-30149
No. 00-30239
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Landazuri argues that in making its findings that
Landazuri was responsible for 50 kilograms of cocaine, the district
court noted that other evidence supported the testimony of
Landazuri’s codefendant as to the quantity of drugs traded.
Landazuri has not produced any evidence to show that the extent of
the district court’s reliance on the codefendant’s testimony was
clearly erroneous. See United States v. Torres, 114 F.3d 520, 527
(5th Cir. 1997).
JAMES WENDELL GLOVER
Glover pleaded guilty to one count of distribution of
cocaine base. Glover argues that the district court erred by not
reducing his offense level for a minor role in the offense of
conviction. As Glover correctly asserts, the conspiracy indictment
in which he was charged involved many individuals and the
distributing of many kilograms of cocaine base, but he was involved
in only a very small part of the overall conspiracy. Had Glover
been sentenced based on the entire conspiracy, his argument for
minor participant status would have some force. His base offense
level, however, was not based on the entire conspiracy. Glover’s
offense level was based on only the distribution of cocaine base in
which he actively participated. This issue has no merit.
RODNEY GREEN
Green pleaded guilty to one count of distribution of
cocaine base. The district court held Green accountable for
between 150 and 500 grams based on the testimony of a codefendant,
which was confirmed by telephone records and ledger sheets. Green
No. 00-30148
No. 00-30149
No. 00-30239
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has not produced any evidence to show that the district court’s
determination of the amount of cocaine base supplied to Green was
clearly erroneous. Torres, 114 F.3d at 527.
AFFIRMED.