United States v. Lopez Gomez

[NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT] United States Court of Appeals For the First Circuit No. 98-1066 UNITED STATES, Appellee, v. JUAN A. LOPEZ GOMEZ, Defendant, Appellant. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Hector M. Laffitte, U.S. District Judge] Before Stahl, Circuit Judge, Campbell, Senior Circuit Judge, and Lynch, Circuit Judge. Luis Rafael Rivera on brief for appellant. Guillermo Gil, United States Attorney, Jose A. Quiles- Espinosa, Senior Litigation Counsel, and Michelle Morales, Assistant United States Attorney, on brief for appellee. January 12, 1999 Per Curiam. Upon careful review of the briefs and record, we perceive no clear error in the denial of safety valve relief under 18 U.S.C. 3553(f)(5) and U.S.S.G. 5C1.2(5). We will not second-guess the district court's negative assessment of defendant's credibility, and there was adequate support for the conclusion that defendant had not truthfully provided all his information. Accordingly, the district court had sufficient grounds to refuse the safety valve. See United States v. Montanez, 82 F.3d 520, 523 (1st Cir. 1996). Affirmed. See 1st Cir. Loc. R. 27.1. -2-