United States Court of Appeals, Fifth CircuitDec 13, 2007
258 Fed. Appx. 691 (5th Cir. 2007)

No. 06-41618, Summary Calendar.

December 13, 2007.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Oscar J. Pena, Sr., Laredo, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Texas, USDC No. 5:06-CR-625-ALL.

Before HIGGINBOTHAM, STEWART and OWEN, Circuit Judges.

Roberto Castaneda-Silva (Castaneda) appeals the 10-year statutory minimum sentence imposed after he pleaded guilty to possession with intent to distribute cocaine. He contends that he was entitled to a safety-valve sentence below the statutory minimum because he truthfully provided the Government with information about the crime. See U.S.S.G. § 5C1.2(a)(5); 18 U.S.C. § 3553(f)(5).

The district court did not commit clear error by finding that Castaneda made inconsistent statements to the Government about the number of smuggling trips he made and was thus not completely truthful in his disclosures to the Government. Castaneda failed to show that he was entitled to the safety valve reduction. See United States v. Edwards, 65 F.3d 430, 433 (5th Cir. 1995).

Castaneda also contends that he should have received a downward departure from the advisory sentencing range because he participated in the criminal activity under duress. See U.S.S.G. § 5K2.12. This contention is moot because Castaneda cannot avoid the statutory minimum sentence by way of the safety valve.

The judgment of the district court is AFFIRMED.