USA v. Michael Pena, No. 13-40531 (5th Cir. 2014)
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Case: 13-40531 Document: 00512546137 Page: 1 Date Filed: 02/27/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 13-40531 Summary Calendar FILED February 27, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. MICHAEL PENA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:12-CR-728-3 Before JOLLY, SMITH, and CLEMENT, Circuit Judges. PER CURIAM: * Michael Pena appeals his 97-month sentence imposed following a jury trial conviction for conspiracy to possess with intent to distribute more than 100 kilograms of marijuana. Pena argues that the district court prevented him from arguing that he was entitled to a safety-valve adjustment and a minorrole adjustment. This argument is factually incorrect because the district court allowed him to make these arguments at the sentencing hearing. In any event, Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. * Case: 13-40531 Document: 00512546137 Page: 2 Date Filed: 02/27/2014 No. 13-40531 Pena has not shown that, given his admitted lies in court, the denials of the safety-valve adjustment and minor-role adjustment were clearly erroneous. See United States v. Davis, 76 F.3d 82, 84 (5th Cir. 1996). Accordingly, the judgment of the district court is AFFIRMED. 2
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