United States v. Toledo

* 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that this opinion should not be published and is not precedent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. 01-10540
Conference Calendar
__________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FRANCISCO RIVERA TOLEDO, also known
as Frankie, also known as Francisco
Toledo Rivera,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:00-CR-239-26-A
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February 20, 2002
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Francisco Rivera-Toledo (Rivera) appeals his sentence from
his guilty-plea conviction for conspiracy to possess with intent
to distribute more than 100 kilograms of marijuana. He argues
that the district court erred in not applying the “safety valve”
provision in U.S.S.G. § 5C1.2 because he timely provided to the
Government all information and evidence he had concerning his
offense.

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No. 01-10540
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The district court shall sentence a defendant according to
the applicable guidelines, rather than the statutory minimum
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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