UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4632
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RITSON ROY FAIRCLOUGH,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Terry L. Wooten, District Judge.
(CR-03-56)
Submitted: December 11, 2003 Decided: December 19, 2003
Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Michael A. Meetze, Assistant Federal Public Defender, Florence,
South Carolina, for Appellant. J. Strom Thurmond, Jr., United
States Attorney, Alfred W. Bethea, Jr., Assistant United States
Attorney, Florence, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ritson Fairclough appeals from his conviction pursuant to a
written plea agreement to one count of conspiracy to distribute or
possess with intent to distribute more than five kilograms of
cocaine, 21 U.S.C. §§ 841(a)(1) and 846 (2000). The district court
sentenced Fairclough to 120 months in prison. On appeal, Fairclough
argues the court improperly denied him a sentencing reduction under
the “safety valve” provision in 18 U.S.C. § 3553(f) (2000).
To qualify for the safety valve reduction, the defendant
bears the burden of proving the statutory requirements by a
preponderance of the evidence. United States v. Wilson, 114 F.3d
428, 432 (4th Cir. 1997). We review a district court’s
determination on safety valve eligibility for clear error. United
States v. Daughtrey, 874 F.3d 213, 217 (4th Cir. 1989). We conclude
that the district court’s decision that defendant had not met his
burden of proof was not clearly erroneous. Therefore, we affirm
Fairclough’s sentence. We dispense with oral argument because the
facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional proces.
AFFIRMED
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