101 F. App'x 447

UNITED STATES of America, Plaintiff-Appellee, v. Efrain MENDEZ, Defendant-Appellant.

No. 03-41108.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

DECIDED: June 22, 2004.

James Lee Turner, Assistant U.S. Attorney, Kathlyn Giannaula Snyder, Assistant U.S. Attorney, Houston, TX, for PlaintiffAppellee.

Joseph R. Lopez, Andrew M. Cohen, Chicago, IL, for Defendant-Appellant.

Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM: *

Efrain Mendez appeals his sentence following a guilty plea to possession with intent to distribute cocaine. 21 U.S.C. §§ 841(a)(1), (b)(1)(A). Mendez challenges the district court’s finding that he did not meet the requirement of the “safety valve” provision, U.S.S.G. § 5C1.2(a)(5), that he truthfully provide the Government with all information and evidence he had concerning the offense. The district court did not err in finding that Mendez did not meet the safety valve criteria in U.S.S.G. *448§ 5C1.2 as would qualify him for a two-level downward adjustment pursuant to U.S.S.G. § 2Dl.l(b)(6). See United States v. Lopez, 264 F.3d 527, 529-30 (5th Cir. 2001); United States v. Flanagan, 80 F.3d 143, 145-47 (5th Cir.1996).

AFFIRMED.

United States v. Mendez
101 F. App'x 447

Case Details

Name
United States v. Mendez
Decision Date
Jun 22, 2004
Citations

101 F. App'x 447

Jurisdiction
United States

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!