IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 00-40402
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GERARDO DAVID MARTINEZ,
Defendant-Appellant,
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Appeal from the United States District Court for the
Southern District of Texas
USDC No. L-99-CR-932-1
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December 14, 2000
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Gerardo David Martinez challenges the sentence he received
following his guilty plea conviction for possession with the intent
to distribute 43 pounds of cocaine, in violation of 18 U.S.C.
§§ 841(a)(1) and (b)(1)(A). He argues that the district court
erred in determining that he had not given truthful information to
the government and thus in denying him a two-level reduction under
*
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this opinion should not be published and is not precedent except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.
the “safety-valve” provision, U.S.S.G. § 5C1.2 and 18 U.S.C.
§ 3553(f).
The record establishes that Martinez gave conflicting accounts
regarding how he came to meet the person from whom he allegedly
received the cocaine and where he picked up the car loaded with
cocaine. This alone was a sufficient ground for denying the
safety-valve reduction. See § 5C1.2(5); United States v. Edwards,
65 F.3d 430, 433 (5th Cir. 1995). Moreover, the district court’s
independent determination that Martinez’s story was implausible and
therefore not truthful is supported by the record and is thus not
clearly erroneous. See United States v. Flanagan, 80 F.3d 143, 145
(5th Cir. 1996). Accordingly, the district court’s judgment is
A F F I R M E D.
2