USCA1 Opinion

June 18, 1996

[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT

____________________

No. 96-1051

UNITED STATES,

Appellee,

v.

MAURICIO HENAO,
A/K/A NELSON RAMIREZ,

Defendant, Appellant.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND

[Hon. Ronald R. Lagueux, U.S. District Judge]

___________________

____________________

Before

Selya, Cyr and Boudin,

Circuit Judges.
______________

____________________

William V. Devine, Jr. on brief for appellant.

______________________
Sheldon Whitehouse,
__________________
and

United

States Attorney,

Stephanie S. Browne, Assistant

___________________

for appellee.

Margaret E. Cur
________________

United States Attorneys, on br

____________________

____________________

Per Curiam.
___________

After

a careful

review of

the parties'

briefs

and

mandatory

under

the record,

minimum sentence

21 U.S.C.

that

the

mandatory

provided

we find

not

minimum sentence

the

reason to

by the

reverse the

district

The district

entitled

because

government

concerning the offenses.

5C1.2.

imposed

841(b)(1)(B).

defendant was

to

no

all

he

the

See 18 U.S.C.
___

court found

to relief

had not

court

from

the

truthfully

information

he

had

3553(f); U.S.S.G.

That determination is supported by the applicable law

and the information presented at the sentencing hearing.

In

his

last-minute

defendant acknowledged

his

apartment but,

disclaimed any

from.

But,

to

the

government,

the

that the drug transaction occurred in

claiming his

drugs,

in

letter

co-defendant obtained

knowledge of

addition to

the

where the

the

cocaine came

kilogram offered

in

the

transaction,

caches

the

the defendant's

of cocaine.

defendant

Further, there were

was a

amount paid by the

apartment contained

professional

drug

defendant to enter the

two other

other indicia that

dealer (the

large

country illegally

to take a low-paying job; defendant's possession of a beeper;

and defendant's significant role in the transaction).

Accordingly, the district

conclude that

that

of a

defendant,

judge was

the defendant's role

mere middle man

if he had wanted,

fully entitled

was not, as

in one transaction

to

he claimed,

and that the

could have told the government

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more about the origins of the cocaine and the workings of the

operation.

Defendant

bore the burden to persuade

that the safety valve conditions

the court

had been met, United States

_____________

v. Montanez, 82 F.3d 520, 523 (1st Cir. 1996); and, reviewing

________

the district court's contrary

decision under the clear error

standard, id., we have no basis for overturning

___

court's

decision

or any

reason

to

reach the

the district

alternative

finding that the defendant

is disqualified from safety valve

relief as a "manager."

Affirmed.
________

Loc. R. 27.1.

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