Filed: Jan. 02, 2002
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 01-2685 _ United States of America, * * Appellee, * Appeal from the United States * District Court for the District v. * of Nebraska. * Rolando Garcia-Landeros, Legal * [UNPUBLISHED] Name: Alfreo Garcia-Landeros, * * Appellant. * _ Submitted: December 21, 2001 Filed: January 2, 2002 _ Before HANSEN, FAGG, and BEAM, Circuit Judges. _ PER CURIAM. Rolando Garcia-Landeros pleaded guilty to distributing methamphetamine in violation of 21 U.S
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 01-2685 _ United States of America, * * Appellee, * Appeal from the United States * District Court for the District v. * of Nebraska. * Rolando Garcia-Landeros, Legal * [UNPUBLISHED] Name: Alfreo Garcia-Landeros, * * Appellant. * _ Submitted: December 21, 2001 Filed: January 2, 2002 _ Before HANSEN, FAGG, and BEAM, Circuit Judges. _ PER CURIAM. Rolando Garcia-Landeros pleaded guilty to distributing methamphetamine in violation of 21 U.S...
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 01-2685
___________
United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the District
v. * of Nebraska.
*
Rolando Garcia-Landeros, Legal * [UNPUBLISHED]
Name: Alfreo Garcia-Landeros, *
*
Appellant. *
___________
Submitted: December 21, 2001
Filed: January 2, 2002
___________
Before HANSEN, FAGG, and BEAM, Circuit Judges.
___________
PER CURIAM.
Rolando Garcia-Landeros pleaded guilty to distributing methamphetamine in
violation of 21 U.S.C. ยง 841(a)(1), and the district court* sentenced him to 60 months
imprisonment and five years supervised release. In this direct criminal appeal,
Garcia-Landeros challenges the court's denial of safety-valve relief.
*
The Honorable Joseph F. Bataillon, Untied States District Judge for the
District of Nebraska.
We find no clear error, because the court's finding that Garcia-Landeros had
not been forthcoming is supported by the testimony and exhibits introduced at
sentencing. See United States v. Tournier,
171 F.3d 645, 647 (8th Cir. 1999)
(standard of review); United States v. Santana,
150 F.3d 860, 864 (8th Cir. 1998)
(defendant carries burden of demonstrating that he has truthfully provided to
government before sentencing all information regarding relevant crime); United
States v. Velasquez,
141 F.3d 1280, 1283 (8th Cir.) (affirming denial of safety-valve
relief where there was extrinsic support for government's opinion that defendant had
not been fully truthful), cert. denied,
525 U.S. 897 (1998).
Accordingly, we affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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