Summary Calendar Appeal from the United States District Court for the Northern District of Texas
USDC No. 3:13-CR-266-1
Before PRADO, OWEN, and GRAVES, Circuit Judges. PER CURIAM:
Sergio Contreras appeals the 60-month sentence imposed for his conviction for possession with intent to distribute 500 grams or more of cocaine. He contends that the district court erred in denying him a safety-valve reduction.
We review the district court's findings of fact for clear error and its legal conclusions de novo. United States v. Miller, 179 F.3d 961, 963-64 (5th Cir. 1999). We need not decide whether to apply plain error review because Contreras's claim of error fails even under the ordinary standard of review.
A defendant may receive a two-level reduction in his offense level if he, inter alia, provides truthful information to the Government concerning the offense of conviction. See U.S.S.G. §§ 2D1.1(b)(16) (2013), 5C1.2(a)(5); 18 U.S.C. § 3553(f)(5). Contrary to Contreras's argument, Miller does not preclude us from concluding that Contreras's untruthfulness about the source of cocaine in the instant offense independently justify the denial of the safety-valve reduction so long as there is evidence that Contreras lied. See Miller, 179 F.3d at 967-69. The district court's finding that Contreras was not truthful was plausible in light of the record as a whole and not clearly erroneous. See United States v. Montes, 602 F.3d 381, 384 (5th Cir. 2010).
The judgment of the district court is AFFIRMED.