United States v. Grimaldo

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-50333

Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus SALVADOR GRIMALDO, Defendant-Appellant.

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Appeal from the United States District Court for the Western District of Texas USDC No. EP-96-CR-533-H-6 - - - - - - - - - -

December 15, 1997

Before DUHE’, DeMOSS and DENNIS, Circuit Judges.

PER CURIAM:* Salvador Grimaldo appeals his sentence following guilty-plea conviction for conspiracy to possess marijuana with the intent to distribute. Grimaldo challenges his sentence on the grounds that the district court erred in calculating the quantity of marijuana attributable to him and in refusing to grant him a two-level reduction pursuant to the “safety-valve” provision of U.S.S.G. §§ 2D1.1(4) and 5C1.2.

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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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 97-50333

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We have reviewed the record and the briefs and conclude that there is no clear error. See United States v. Torres, 114 F.3d 520, 527 (5th Cir.), cert. denied, 1997 WL 562152, 1997 WL 562154, and 1997 WL 592644 (October 14, 1997); United States v. Vine, 62 F.3d 107, 109-10 (5th Cir. 1995). Accordingly, the district court’s judgment is affirmed.

AFFIRMED.