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U.S. v. MATIAS

No. 05-10678.

465 F.3d 169 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Valentin MATIAS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 13, 2006.

Attorney(s) appearing for the Case

Leigha Amy Simonton, Daniel D. Guess, Dallas, TX, for Plaintiff-Appellee.

Harry Arroyo, Dallas, TX, for Defendant-Appellant.

Before JONES, Chief Judge, and REAVLEY and PRADO, Circuit Judges.

REAVLEY, Circuit Judge:

Valentin Matias appeals his sentence arguing that the district court erred in concluding that he was not entitled to "safety-valve" relief from a mandatory minimum sentence under United States Sentencing Guidelines (U.S.S.G.) § 5C1.2, which depends, in part, on not possessing a firearm in connection with the offense, and that he was not entitled to a two-level reduction in his offense level under U.S.S.G. § 2D1.1(b)(9).

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