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United States v. R. Garcia-Landeros, 01-2685 (2002)

Court: Court of Appeals for the Eighth Circuit Number: 01-2685 Visitors: 30
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 * Rolando Garcia-Landeros, Legal * [UNPUBLISHED] Name: Alfreo Garcia-Landeros, * * Appellant.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
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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Rolando Garcia-Landeros, Legal      *    [UNPUBLISHED]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.




                                         -2-

Source:  CourtListener

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