United States v. Perales-Garza

* 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that this opinion should not be published and is not precedent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. 01-41193
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ISMAEL PERALES-GARZA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-00-CR-313-1
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September 17, 2002
Before REAVLEY, BARKSDALE and CLEMENT, Circuit Judges.
PER CURIAM:*
Ismael Perales-Garza (“Perales”) appeals his sentence
following his guilty-plea conviction for possession with intent
to distribute 47.44 kilograms of cocaine. Perales argues that
the district court erred in denying application of the safety-
valve provided in U.S.S.G. § 5C1.2 because he timely provided to
the Government truthful information concerning the offense.

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No. 01-41193
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Factual findings made by the district court in connection
with its U.S.S.G. § 5C1.2 analysis are reviewed for clear error.
United States v. Wilson, 105 F.3d 219, 222 (5th Cir. 1997).
Here, the district court’s determination that Perales was not
truthful is supported by the record, which establishes that
Perales did not satisfy his “burden of ensuring that he has
provided all the information and evidence regarding the offense
to the Government.” United States v. Flanagan, 80 F.3d 143, 146-
47 (5th Cir. 1996). Therefore, the district court did not err in
finding that Perales had not satisfied the requirements of
U.S.S.G. § 5C1.2(5).
Perales’ sentence is AFFIRMED.

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