FILED 

United States Court of Appeals 

Tenth Circuit 

UNITED STATES COURT OF APPEALS 

TENTH CIRCUIT 

MAY 20 2005 

PATRICK FISHER 

Clerk 

UNITED STATES OF AMERICA, 

Plaintiff - Appellee, 

V. 

JULIO ARMANDO REYNAGACORTES, 

Defendant - Appellant. 

No. 04-2043 

(D. New Mexico) 

(D.Ct. No. CR-03-218-JC) 

ORDER AND JUDGMENT* 

Before SEYMOUR, LUCERO, and O'BRIEN, Circuit Judges. 

Julio Reynaga-Cortes pled guilty to possession with intent to distribute 100 

kilograms or more of marijuana and aiding and abetting possession with intent to 

distribute. See 21 U.S.C. §§ 84l(a)(l) and 84l(b)(l)(B); 18 U.S.C. § 2. He 

sought and was denied a downward adjustment based on the safety valve 

provision, United States Sentencing Commission, Guidelines Manual, §5C 1.2 

* This order and judgment is not binding precedent except under the doctrines of 

law of the case, res judicata and collateral estoppel. The court generally disfavors the 

citation of orders and judgments; nevertheless, an order and judgment may be cited under 

the terms and conditions of 10th Cir. R. 36.3. 

Appellate Case: 04-2043 Document: 010110642419 Date Filed: 05/20/2005 Page: 1
(Nov. 2003 ). 1 The Government argued Reynaga-Cortes twice was untruthful 

"about aspects of what he was saying" during his debriefing and "ultimately he 

indicated that he was fearful of the other people involved, and did not want to talk 

about the co-defendants." (Appellant Br. Att. Bat 2.) The district court found 

Reynaga-Cortes did not provide the information necessary to qualify for the 

adjustment. Exercising jurisdiction pursuant to 18 U.S.C. § 3742, we affirm. 

On appeal, retained counsel, pursuant to Anders v. State of California, 

submitted a brief and seeks to withdraw asserting there are no grounds to 

challenge the district court's denial of a downward adjustment and there exists no 

other non-frivolous issues for appeal. 386 U.S. 738 (1967). Under Anders, we 

must conduct "a full examination of all the proceedings, to decide whether the 

case is wholly frivolous." Id. at 744. After carefully reviewing the record, we 

find the district court did not err in denying the downward adjustment and no nonfrivolous issues exist. 2 

In addition to the Anders brief, Reynaga-Cortes filed a pro se letter in 

1

USSG §5Cl.2 authorizes the district court to impose a sentence according to the 

guidelines without regard to a statutory minimum sentence if the court finds the defendant 

meets certain qualifications. One of the qualifications provides that the defendant, not 

later than the time of the sentencing hearing. truthfully provides all information related to 

the offense or offenses that were part of the same course of conduct. See USSG 

§SCI .2(a)(5). 

2

The recent Supreme Court decision in U.S. v. Booker,_ U.S._, 125 S.Ct. 738 

(2005), does not impact the safety valve provision. United States v. Payton, 2005 WL 

1030462 (10th Cir., May 4, 2005). 

-2-

Appellate Case: 04-2043 Document: 010110642419 Date Filed: 05/20/2005 Page: 2
which he asks for a second chance. However, he raises no cogent argument or 

legal authority regarding the actions of the district court. 

Counsel's request to withdraw is GRANTED and the judgement and 

sentence are AFFIRMED. 

Entered by the Court: 

Terrence L. O'Brien 

United States Circuit Judge 

-3-

Appellate Case: 04-2043 Document: 010110642419 Date Filed: 05/20/2005 Page: 3
Appellate Case: 04-2043 Document: 010110642419 Date Filed: 05/20/2005 Page: 4