USA v. Garcia

Filing 920090430

Opinion

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-50717 Conference Calendar April 30, 2009 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. ANGELICA MARIE GARCIA Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 7:08-CR-16-2 Before JONES, Chief Judge, and JOLLY and ELROD, Circuit Judges. PER CURIAM:* Angelica Marie Garcia pleaded guilty to aiding and abetting possession of marijuana with intent to distribute and has appealed her sentence. Garcia contends that the district court erred in failing to reduce her offense level by two levels pursuant to U.S. Sentencing Guidelines Manual (U.S.S.G.) 2D1.1(b)(11) (2007) because she met the criteria set forth in subdivisions (1) through (5) of U.S.S.G. 5C1.2(a), the safety valve provision. Garcia has not carried her Pursuant to 5 TH C IR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR. R. 47.5.4. * No. 08-50717 burden of showing that she has truthfully provided to the Government all of the information and evidence she has concerning the offense. See United States v. Flanagan, 80 F.3d 143, 146-47 (5th Cir. 1996); see also U.S.S.G. 5C1.2(a)(5). AFFIRMED. 2

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