United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS December 16, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-40641
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUVENTINO IVAN ALVARADO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-02-CR-333-1
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Before SMITH, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Juventino Ivan Alvarado appeals the sentence he received
upon his conviction of possessing cocaine with intent to
distribute it, in violation of 21 U.S.C. § 841(a)(1).
Alvarado contends that the district court erred by not
applying the safety-valve provision of U.S.S.G. § 5C1.2,
rather than sentencing him to the mandatory minimum provided by
21 U.S.C. § 841(b)(1)(A). Alvarado is not entitled to relief
because he has not shown that the district court was clearly
*
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that this opinion should not be published and is not precedent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. 03-40641
-2-
erroneous in finding that he failed to provide truthful relevant
information to the Government. See United States v. Miller,
179 F.3d 961, 964-65 (5th Cir. 1999).
AFFIRMED.