United States v. R. Garcia-Landeros ( 2002 )

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 01-2685
___________
United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the District
v. * of Nebraska.
*
Rolando Garcia-Landeros, Legal * [UNPUBLISHED]
Name: Alfreo Garcia-Landeros, *
*
Appellant. *
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Submitted: December 21, 2001
Filed: January 2, 2002
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Before HANSEN, FAGG, and BEAM, Circuit Judges.
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PER CURIAM.
Rolando Garcia-Landeros pleaded guilty to distributing methamphetamine in
violation of 21 U.S.C. § 841(a)(1), and the district court* sentenced him to 60 months
imprisonment and five years supervised release. In this direct criminal appeal,
Garcia-Landeros challenges the court's denial of safety-valve relief.
*
The Honorable Joseph F. Bataillon, Untied States District Judge for the
District of Nebraska.
We find no clear error, because the court's finding that Garcia-Landeros had
not been forthcoming is supported by the testimony and exhibits introduced at
sentencing. See United States v. Tournier, 171 F.3d 645, 647 (8th Cir. 1999)
(standard of review); United States v. Santana, 150 F.3d 860, 864 (8th Cir. 1998)
(defendant carries burden of demonstrating that he has truthfully provided to
government before sentencing all information regarding relevant crime); United
States v. Velasquez, 141 F.3d 1280, 1283 (8th Cir.) (affirming denial of safety-valve
relief where there was extrinsic support for government's opinion that defendant had
not been fully truthful), cert. denied, 525 U.S. 897 (1998).
Accordingly, we affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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