82 F. App'x 990

UNITED STATES of America, Plaintiff-Appellee, v. Juventino Ivan ALVARADO, Defendant-Appellant.

No. 03-40641.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Dec. 16, 2003.

James Lee Turner, Assistant US Attorney, US Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Ignacio Torteya, III, Torteya & Torteya, Brownsville, TX, for Defendant-Appellant.

Before SMITH, DEMOSS, and STEWART, Circuit Judges.

PER CURIAM.*

Juventino Ivan Alvarado appeals the sentence he received upon his conviction of possessing cocaine with intent to distribute it, in violation of 21 U.S.C. § 841(a)(1).

Alvarado contends that the district court erred by not applying the safety-valve provision of U.S.S.G. § 5C1.2, rather than sentencing him to the mandatory minimum provided by 21 U.S.C. § 841(b)(1)(A). Alvarado is not entitled to relief because he has not shown that the district court was clearly erroneous in finding that he failed to provide truthful relevant information to the Government. See United States v. Miller, 179 F.3d 961, 964-65 (5th Cir.1999).

AFFIRMED.

United States v. Alvarado
82 F. App'x 990

Case Details

Name
United States v. Alvarado
Decision Date
Dec 16, 2003
Citations

82 F. App'x 990

Jurisdiction
United States

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