United States v. Delgado

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 00-41205
Conference Calendar
__________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LUISA DELGADO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-00-CR-97-1
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December 12, 2001
Before HIGGINBOTHAM, BARKSDALE and STEWART, Circuit Judges.
PER CURIAM:*
Luisa Delgado appeals her sentence from her guilty-plea
conviction for possession with intent to distribute approximately
5.9 kilograms of cocaine. She argues that the district court
erred in not applying the “safety valve” provision provided in
U.S.S.G. § 5C1.2 because she timely provided to the Government
all information and evidence she had concerning her offense.
The district court shall sentence a defendant according to
the applicable guidelines, rather than the statutory minimum

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No. 00-41205
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sentence if, among other things, the defendant truthfully
provided the Government with “all information and evidence the
defendant has concerning the offense[.]” U.S.S.G. § 5C1.2(5).
A district court’s refusal to apply the “safety valve” provision
is a factual finding reviewed for clear error. United States v.
Edwards, 65 F.3d 430, 433 (5th Cir. 1995). We perceive no such
error here.
Accordingly, the judgment is AFFIRMED.

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