United States v. Mendez

United States Court of Appeals
Fifth Circuit

FILED
IN THE UNITED STATES COURT OF APPEALS June 22, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk

No. 03-41108
Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

EFRAIN MENDEZ,

Defendant-Appellant.

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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-03-CR-58-1
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Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM:*

Efrain Mendez appeals his sentence following a guilty plea

to possession with intent to distribute cocaine. 21 U.S.C.

§§ 841(a)(1), (b)(1)(A). Mendez challenges the district court’s

finding that he did not meet the requirement of the “safety

valve” provision, U.S.S.G. § 5C1.2(a)(5), that he truthfully

provide the Government with all information and evidence he had

concerning the offense. The district court did not err in

finding that Mendez did not meet the safety valve criteria in

*
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this opinion should not be published and is not precedent except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. 03-41108
-2-

U.S.S.G. § 5C1.2 as would qualify him for a two-level downward

adjustment pursuant to U.S.S.G. § 2D1.1(b)(6). See United States

v. Lopez, 264 F.3d 527, 529-30 (5th Cir. 2001); United States v.

Flanagan, 80 F.3d 143, 145-47 (5th Cir. 1996).

AFFIRMED.