United States v. Landazuri

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 3, 2001
• Docket: 00-30148
• Status: Unpublished

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-30148 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus

JAVIER ARINSON LANDAZURI, also known as Tony,

Defendant-Appellant.

Consolidated with

No. 00-30149 Summary Calendar

JAMES WINDELL GLOVER, Defendant-Appellant.

No. 00-30239 Summary Calendar

RODNEY GREEN, Defendant-Appellant. No. 00-30148 No. 00-30149 No. 00-30239 - 2 -

- - - - - - - - - - Appeals from the United States District Court for the Western District of Louisiana USDC No. 98-CR-60030-2 - - - - - - - - - - July 2, 2001 Before DAVIS, JONES, and DeMOSS, Circuit Judges.

PER CURIAM:*

These defendants appeal from their guilty plea con-

victions arising out of an indictment for conspiracy to distribute

cocaine base in the Lafayette, Louisiana area.

JAVIER ARINSON LANDAZURI

Landazuri pleaded guilty to conspiracy to distribute

cocaine base. Landazuri argues that the district court clearly

erred in reducing his offense level for acceptance of

responsibility under U.S.S.G. § 3E1.1 by two rather than three

levels. Landazuri has not shown that the district court’s finding

that he had not given complete information to the Government and

had not decided to plead guilty early enough to qualify for the

three-level reduction is clearly erroneous. See United States v.

Nguyen, 190 F.3d 656, 659 (5th Cir. 1999).

Landazuri argues that the district court erred in not

applying the safety-valve provisions of § 5C1.2 of the Sentencing

Guidelines. He has not shown that the district court was clearly

erroneous in its finding that he did not provide complete

information to the Government. See United States v. Flanagan, 80

F.3d 143, 145 (5th Cir. 1996).

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 00-30148 No. 00-30149 No. 00-30239 - 3 -

Landazuri argues that in making its findings that

Landazuri was responsible for 50 kilograms of cocaine, the district

court noted that other evidence supported the testimony of

Landazuri’s codefendant as to the quantity of drugs traded.

Landazuri has not produced any evidence to show that the extent of

the district court’s reliance on the codefendant’s testimony was

clearly erroneous. See United States v. Torres, 114 F.3d 520, 527

(5th Cir. 1997).

JAMES WENDELL GLOVER

Glover pleaded guilty to one count of distribution of

cocaine base. Glover argues that the district court erred by not

reducing his offense level for a minor role in the offense of

conviction. As Glover correctly asserts, the conspiracy indictment

in which he was charged involved many individuals and the

distributing of many kilograms of cocaine base, but he was involved

in only a very small part of the overall conspiracy. Had Glover

been sentenced based on the entire conspiracy, his argument for

minor participant status would have some force. His base offense

level, however, was not based on the entire conspiracy. Glover’s

offense level was based on only the distribution of cocaine base in

which he actively participated. This issue has no merit.

RODNEY GREEN

Green pleaded guilty to one count of distribution of

cocaine base. The district court held Green accountable for

between 150 and 500 grams based on the testimony of a codefendant,

which was confirmed by telephone records and ledger sheets. Green No. 00-30148 No. 00-30149 No. 00-30239 - 4 -

has not produced any evidence to show that the district court’s

determination of the amount of cocaine base supplied to Green was

clearly erroneous. Torres, 114 F.3d at 527.

AFFIRMED.