IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 30, 2009
No. 08-50717
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
ANGELICA MARIE GARCIA
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 7:08-CR-16-2
Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges.
PER CURIAM:*
Angelica Marie Garcia pleaded guilty to aiding and abetting possession of
marijuana with intent to distribute and has appealed her sentence. Garcia
contends that the district court erred in failing to reduce her offense level by two
levels pursuant to U.S. Sentencing Guidelines Manual (U.S.S.G.) § 2D1.1(b)(11)
(2007) because she met the criteria set forth in subdivisions (1) through (5) of
U.S.S.G. § 5C1.2(a), the safety valve provision. Garcia has not carried her
*
Pursuant to 5 TH C IR. 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should not be published and is not precedent except under the limited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 5 TH C IR. R. 47.5.4.
No. 08-50717
burden of showing that she has truthfully provided to the Government all of the
information and evidence she has concerning the offense. See United States v.
Flanagan, 80 F.3d 143, 146-47 (5th Cir. 1996); see also U.S.S.G. § 5C1.2(a)(5).
AFFIRMED.
2