U.S. v. RODRIGUEZ

No. 94-60733 Summary Calendar.

60 F.3d 193 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Ernesto RODRIGUEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 21, 1995.


Attorney(s) appearing for the Case

Roland E. Dahlin, II, Federal Public Defender, Jeffrey L. Wilde, Asst. Federal Public Defender, Elizabeth K. Ferrell, Houston, TX, for appellant.

Paula C. Offenhauser, James L. Turner, Asst. U.S. Attys., Gaynelle Griffin Jones, U.S. Atty., Houston, TX, for appellee.

Before DUHÉ, WIENER and STEWART, Circuit Judges.


DUHÉ, Circuit Judge:

Ernesto Rodriguez appeals the district court's refusal to apply the "safety valve" provision of 18 U.S.C. § 3553(f) so that he could escape the ten year mandatory minimum sentence of 21 U.S.C. 841(b)(1)(A). In this appeal, we address whether a defendant's statement to a probation officer satisfies the fifth requirement of § 3553(f). Because we answer that question in the negative, we affirm.

BACKGROUND

Rodriguez...

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