United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT May 20, 2005
Charles R. Fulbruge III
Clerk
No. 04-40682
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
ROBERTO RODRIGUEZ-SAUCEDO
Defendant - Appellant
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:03-CR-1973-ALL
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Before KING, Chief Judge, and DAVIS and STEWART, Circuit Judges.
PER CURIAM:*
Roberto Rodriguez-Saucedo appeals his sentence following his
guilty-plea conviction for possession with the intent to
distribute more than five kilograms of cocaine. The district
court denied Rodriguez-Saucedo’s request for sentencing under the
safety-valve provision of U.S.S.G. § 5C1.2 and sentenced him to
the statutory minimum sentence of ten years in prison.
*
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this opinion should not be published and is not precedent except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. 04-40682
-2-
Rodriguez-Saucedo argues that the district court did not
follow the correct legal standard when evaluating the merits of
his request for a safety valve reduction under U.S.S.G. § 5C1.2.
A review of the sentencing transcript reveals that the court
understood that it, and not the parties, decides whether the
defendant has met his burden of satisfying U.S.S.G. § 5C1.2.
Rodriguez-Saucedo also argues that the district court
clearly erred when it determined that he had not provided the
Government with all the information he knew about the offense.
The court noted that the 14 kilograms of cocaine found hidden in
Rodriguez-Saucedo’s car had been packaged and hidden “in a rather
sophisticated manner,” that Rodriguez-Saucedo was unable to give
the officers sufficient information to locate the man who had
recruited him to smuggle the cocaine, and that Rodriguez-
Saucedo’s allegations of duress were unpersuasive. The record
supports the district court’s finding that Rodriguez-Saucedo was
ineligible for sentencing under U.S.S.G. § 5C1.2. See United
States v. Ridgeway, 321 F.3d 512, 516 (5th Cir. 2003); see also
United States v. Angeles-Mendoza, F.3d , No. 04-50118,
2005 WL 950130, (5th Cir. Apr. 26, 2005) . The judgment of the
district court is AFFIRMED.