United States v. Tinajero-Reyes , 83 F. App'x 610 ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 10, 2003
Charles R. Fulbruge III
Clerk
No. 02-41712
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARTIN TINAJERO-REYES, also known as Martin Tinajero Reyes,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-02-CR-102-ALL
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Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Martin Tinajero-Reyes (“Tinajero”) appeals his sentence
following pleading guilty to possession of over five kilograms of
cocaine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A). He
argues that the district court erroneously denied him a sentence
reduction under the Sentencing Guidelines’ safety valve
provision, U.S.S.G. § 5C1.2.
The safety valve provision, in pertinent part, requires that
a defendant, at or before sentencing, provide the Government with
*
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that this opinion should not be published and is not precedent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. 02-41712
-2-
all the information and evidence he has concerning his offense.
U.S.S.G. § 5C1.2(a)(5). We are usually reluctant to disturb a
district court’s credibility determinations and see no reason to
do so in the case at hand. See United States v. Ridgeway, 321
F.3d 512, 516 (5th Cir. 2003). Tinajero’s story was incredible.
After reviewing the record, we are convinced that the district
court did not clearly err when it denied Tinajero the reduction
afforded by the safety valve.
Tinajero also challenges the constitutionality of 21 U.S.C.
§ 841(a) and (b) in light of Apprendi v. New Jersey, 530 U.S. 466(2000). As Tinajero concedes, his Apprendi argument is
foreclosed by United States v. Slaughter, 238 F.3d 580, 582 (5th
Cir. 2000). Accordingly, the judgment of the district court is
AFFIRMED.