United States v. Michael Byers

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 98-3280
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Missouri.
Michael Byers, *
* [UNPUBLISHED]
Appellant. *
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Submitted: April 20, 2001
Filed: April 24, 2001
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Before HANSEN, MORRIS SHEPPARD ARNOLD, and BYE, Circuit Judges.
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PER CURIAM.
Michael Byers pleaded guilty to possessing with intent to distribute cocaine base,
in violation of 21 U.S.C. § 841(a)(1). Because he had refused to identify any of his
drug suppliers or customers to the government, citing his religious and moral beliefs,
the district court1 denied his request for safety-valve relief under 18 U.S.C. § 3553(f)(5)
and U.S.S.G. § 5C1.2(5), and sentenced him to 120 months imprisonment and 5 years
supervised release. Byers challenges the denial on appeal.
1
The Honorable E. Richard Webber, United States District Judge for the Eastern
District of Missouri.
We conclude that Byers did not satisfy the requirements for safety-valve relief,
and that the district court did not clearly err in denying it. 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 all information he knows about relevant
crime); United States v. Romo, 81 F.3d 84, 85 (8th Cir. 1996) (to receive safety-valve
relief, defendant is obligated to provide information about identities and participation
of others involved in chain of distribution); cf. United States v. McQuay, 7 F.3d 800,
802-03 (8th Cir. 1993) (requiring defendant to incriminate self to “reap the benefit of”
acceptance-of-responsibility reduction does not punish him for exercise of Fifth
Amendment right).
Accordingly, we affirm the judgment of the district court.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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