UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-10969
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DORY HERNANDEZ,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Northern District of Texas
(4:00-CR-239-17-A)
_________________________________________________________________
February 28, 2002
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Dory Hernandez challenges the sentence imposed following his
guilty-plea conviction for possession with intent to distribute
marijuana, in violation of 21 U.S.C. § 841(a)(1), and use of a
communications facility to cause or facilitate a controlled-
substance offense, in violation of 21 U.S.C. § 843(b). Hernandez
contends the district court should have adjusted his offense level
pursuant to the “safety valve” provision, U.S.S.G. § 5C1.2, and
should have adjusted the offense level for his minor participation,
U.S.S.G. § 3B1.2(b).
*
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this opinion should not be published and is not precedent except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 district court’s findings are reviewed only for clear
error. Its finding that Hernandez had not truthfully provided
information to the Government was not clearly erroneous, see United
States v. Miller, 179 F.3d 961, 964 (5th Cir. 1999); nor was its
finding that Hernandez was not a minor participant, see United
States v. Buenrostro, 868 F.2d 135, 138 (5th Cir. 1989), cert.
denied, 495 U.S. 923 (1990).
AFFIRMED