United States v. Ramos

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-50428 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JIMMY ARREOLA RAMOS,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. MO-95-CR-64 (1) - - - - - - - - - - December 16, 1996 Before JONES, DeMOSS and PARKER, Circuit Judges.

PER CURIAM:*

Jimmy Arreola Ramos appeals his sentence following his

guilty-plea conviction for conspiracy to possess with the intent

to distribute a quantity of cocaine and for possession with the

intent to distribute cocaine. He argues that the district court

clearly erred by refusing to apply the safety-valve provision,

pursuant to 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2, in order to

sentence Ramos below the statutory mandatory minimum sentence.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 96-50428 - 2 -

We have reviewed the appellate arguments and the record. We

detect no clear error. See United States v. Edwards, 65 F.3d

430, 433 (5th Cir. 1995).

AFFIRMED.