UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-4174
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ANTONE MIRANDA RUFFIN,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William D. Quarles, Jr., District Judge.
(1:05-cr-00173-WDQ)
Submitted: October 13, 2006 Decided: November 1, 2006
Before SHEDD and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Peter D. Ward, LAW OFFICE OF PETER D. WARD, Baltimore, Maryland,
for Appellant. Rod J. Rosenstein, United States Attorney,
Christopher J. Romano, Assistant United States Attorney, Baltimore,
Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Antone Miranda Ruffin pled guilty to conspiracy to
possess with intent to distribute five kilograms or more of
cocaine, 21 U.S.C. § 846 (2000), and was sentenced to the mandatory
minimum sentence of 120 months imprisonment. Ruffin appeals his
sentence, contending that the district court erred in deciding that
he did not meet the fifth criteria for a sentence below the
statutory minimum under the safety valve provision. See U.S.
Sentencing Guidelines Manual § 5C1.2(a)(5) (2005). We affirm.
Before he was sentenced, Ruffin was interviewed by a
federal agent and a drug task force officer to provide information
about individuals he knew who were involved in drug trafficking.
At the sentencing hearing, the only issue in dispute was whether
Ruffin qualified for sentencing under the safety valve provision of
§ 5C1.2, which permits a sentence below the mandatory minimum if
the defendant meets five criteria. The fifth criteria is that,
“not later than . . . the sentencing hearing, the defendant has
truthfully provided to the Government all information and evidence
the defendant has concerning the offense or offenses that were part
of the same course of conduct or of a common scheme or plan
. . . .” USSG § 5C1.2(5). The government asserted that Ruffin had
not met the fifth criteria because the federal agent who
interviewed Ruffin did not believe he had been entirely truthful.
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Ruffin testified that he had answered all the agents’
questions unreservedly. However, he admitted that he had not
volunteered any information about several people with whom he had
drug transactions, although he acknowledged his drug relationships
with them when the agents asked about them specifically. Ruffin
maintained that his dealings with these people were not part of the
same course of conduct or a common scheme or plan as the charged
conspiracy. The government argued that drug transactions that
preceded the inception of the charged conspiracy were included in
the same course of conduct, and also argued that Ruffin was not
completely truthful because he did not tell the agents about Fats,
a/k/a/ Les Queen, who was one of his customers during the time of
the charged conspiracy, until the agents asked about him. The
district court adopted the government’s broad definition of the
scope of information Ruffin was required to supply under § 5C1.2.
However, the court noted that, even under the narrower definition
urged by Ruffin, he had not satisfied the fifth requirement in
§ 5C1.2 because he had not been forthcoming about Fats. Therefore,
the court decided that Ruffin was not eligible for a sentence below
the mandatory minimum pursuant to § 5C1.2.
To qualify for a reduced sentence under § 5C1.2, a
defendant must truthfully disclose to the government all
information and evidence he has concerning the offense of
conviction and all relevant conduct. See 18 U.S.C.A. § 3553(f)(5)
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(West 2000 & Supp. 2006); USSG § 5C1.2(5). The defendant is
obliged to reveal “all he knows concerning both his own involvement
and that of any co-conspirators.” United States v. Ivester, 75
F.3d 182, 184 (4th Cir. 1996) (citing United States v. Acosta-
Olivas, 71 F.3d 375, 378 (10th Cir. 1995)). Ruffin correctly
maintained that he need not disclose information about individuals
completely unrelated to the charged conspiracy. However, the
defendant has the burden of showing that he has affirmatively acted
to supply truthful and relevant information to the government.
Ivester, 75 F.3d at 185 (not sufficient that defendant is merely
ready to disclose fully if government approaches him).
Here, the district court concluded that Ruffin withheld
the information that Fats was one of his drug customers during the
period of the conspiracy. Ruffin’s failure to volunteer
information about Fats amply supports the district court’s
conclusion that Ruffin had not been completely truthful in his
interview and its decision to deny him the benefit of the safety
valve provision. Therefore, we need not decide whether Ruffin’s
prior drug transactions with other individuals were part of the
same course of conduct or common scheme or plan as the charged
conspiracy.
Accordingly, we affirm the sentence imposed by the
district court. We dispense with oral argument because the facts
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and legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional process.
AFFIRMED
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