United States v. Martinez

* 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that this opinion should not be published and is not precedent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. 99-20438
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROSA MARTINEZ MARTINEZ,
also known as Nina, also
known as Maria Cristina Torres,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-98-CR-393-2
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February 16, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Appellant appeals the sentence imposed upon her guilty-plea
conviction for aiding and abetting the possession with the intent
to distribute cocaine. She argues that the district court erred
in denying application of 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 the offense.
Under § 5C1.2, the district court may sentence a defendant
without regard to the statutory minimum sentence if it is

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determined, inter alia, that the defendant truthfully provided
the Government with “all information and evidence the defendant
has concerning the offense[.]” § 5C1.2(5). We review a district
court’s refusal to apply § 5C1.2 based on factual findings for
clear error. See United States v. Flanagan, 80 F.3d 143, 145
(5th Cir. 1996). We perceive no such error here.
AFFIRMED.

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