No. 99-40493
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40493
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ELISEO ADAMES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-98-CR-328-1
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February 17, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Eliseo Adames appeals his sentence of 120 months’ after
pleading guilty to possession with intent to distribute 11
kilograms of cocaine. Adames argues that the district court
clearly erred in failing to apply the safety-valve provision of
U.S.S.G. § 5C1.2 because the evidence clearly showed that he had
provided all information and evidence he had concerning the
offense.
Section 5C1.2(2) provides that a defendant is only eligible
for the safety-valve if he did not possess a firearm or other
*
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that this opinion should not be published and is not precedent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.
No. 99-40493
-2-
dangerous weapon in connection with the offense. When Adames was
stopped while driving a vehicle in which he was transporting 11
kilograms of cocaine, he had a knife in his belt which the police
officer confiscated. Even assuming that Adames is correct that
the district court erred in its assessment of his credibility in
providing information to the Government, Adames was ineligible
for the reduction by virtue of his possession of a dangerous
weapon under § 5C1.2(2). There was no clear error. United
States v. Wilson, 105 F.3d 219, 222 (5th Cir.), cert. denied, 522
U.S. 847 (1997).
AFFIRMED.