United States v. Febles ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-20745
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GREGORIO FEBLES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-99-CR-125-1
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February 17, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Gregorio Febles appeals his sentence from his guilty-plea
convictions for possession with intent to distribute cocaine and
cocaine base. He argues that the district court erred in not
applying the safety valve provision provided in U.S.S.G.
§ 5C1.2 because he timely provided to the Government all
information and evidence he had concerning his offense.
*
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that this opinion should not be published and is not precedent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. 99-20745
-2-
According to Febles, the Government’s assertion to the contrary
is based on mere speculation.
Under § 5C1.2, the district court shall sentence a defendant
according to the applicable guidelines, rather than the statutory
minimum sentence if, among other things, the defendant truthfully
provided the Government with “all information and evidence the
defendant has concerning the offense[.]” § 5C1.2(5). A district
court’s refusal to apply § 5C1.2 is a factual finding reviewed
for clear error. United States v. Edwards, 65 F.3d 430, 433 (5th
Cir. 1995). We perceive no such error here.
AFFIRMED.