Opinion
No. 07-1765.
Submitted: February 26, 2008.
Filed: February 29, 2008.
Appeal from the United States District Court for the District of Nebraska.
Lynnett M. Wagner, U.S. Attorney's Office, Lincoln, NE, for Appellee.
Michael D. Nelson, Omaha, NE, for Appellant.
Before WOLLMAN, RILEY, and GRUENDER, Circuit Judges.
[UNPUBLISHED]
Rose Adelia-Martinez (Adelia-Martinez) challenges the sentence the district court imposed after Adelia-Martinez pled guilty to conspiring to distribute and possess with intent to distribute 500 grams or more of a mixture containing methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1) and 846. For reversal, Adelia-Martinez argues the district court erred in finding she was not eligible for safety-valve relief pursuant to 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2.
The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska.
Upon careful review of the record, we conclude the court did not clearly err in finding Adelia-Martinez did not truthfully provide the government with all the information and evidence she had concerning offenses related to the conspiracy. See 18 U.S.C. § 3553(f); United States v. Soto, 448 F.3d 993, 995-96 (8th Cir. 2006) (stating the clear-error standard of review; upholding a denial of safety-valve relief where the defendant's story about his role in the offense contradicted interviews of the co-defendants; noting an appellate court generally does not disturb the district court's credibility findings).
We affirm.