IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-10940
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
IAN BENJAMIN BURKE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:00-CR-8-1-T
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August 20, 2002
Before HIGGINBOTHAM, DAVIS, and PARKER, Circuit Judges.
PER CURIAM:*
Ian Benjamin Burke appeals his sentence following a guilty
plea for conspiracy to possess with intent to distribute cocaine
and cocaine base. 21 U.S.C. § 846. Burke challenges the
district court’s refusal to apply the “safety-valve” provision,
U.S.S.G. § 5C1.2, arguing that the district court erroneously
delegated its decision-making authority to the Government as to
the issue of his “truthfulness” in providing “to the Government
*
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that this opinion should not be published and is not precedent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. 01-10940
-2-
all information and evidence [he had] concerning the offense or
offenses that were part of the same course of conduct or of a
common scheme or plan[.]” See U.S.S.G. § 5C1.2(a)(5).
The district court’s finding regarding Burke’s truthfulness
for purposes of U.S.S.G. § 5C1.2(a)(5) is plausible in the light
of the record viewed in its entirety. See United States v.
Davis, 76 F.3d 82, 84 (5th Cir. 1996). The district court did
not abdicate its fact-finding duty to the Government but, rather,
the court acted well within its wide discretion in finding DEA
Agent Jackson’s testimony credible. See United States v.
Edwards, 65 F.3d 430, 432 (5th Cir. 1995); United States v. West,
58 F.3d 133, 138 (5th Cir. 1995).
AFFIRMED.