IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-40498
Conference Calendar
__________________
UNITED STATES OF AMERICA,
Plaintiff-Appellant,
versus
RODOLFO SALDIVAR-GUTIERREZ,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-95-CR-11
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March 1, 1996
Before GARWOOD, JONES, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Appellant appeals from his guilty plea conviction and
sentence for conspiracy to possess with intent to distribute a
controlled substance, in violation of 21 U.S.C. §§ 841(a)(1),
841(b)(1)(B), and 18 U.S.C. § 2. He contends that the district
court erred in declining to depart below the statutory mandatory
minimum sentence under U.S.S.G. § 5C1.2.
We have reviewed the record and the district court's oral
ruling and find no reversible error. Accordingly, we affirm on
the reasoning of the district court.
AFFIRMED.
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.