                  UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT


                              No. 01-10969
                            Summary Calendar


                       UNITED STATES OF AMERICA,

                                                     Plaintiff-Appellee,

                                 versus

                            DORY HERNANDEZ,

                                             Defendant-Appellant.
_________________________________________________________________

           Appeal from the United States District Court
                for the Northern District of Texas
                        (4:00-CR-239-17-A)
_________________________________________________________________
                         February 28, 2002

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

PER CURIAM:*

     Dory Hernandez challenges the sentence imposed following his

guilty-plea conviction for possession with intent to distribute

marijuana, in violation of 21 U.S.C. § 841(a)(1), and use of a

communications   facility   to   cause    or   facilitate   a   controlled-

substance offense, in violation of 21 U.S.C. § 843(b).            Hernandez

contends the district court should have adjusted his offense level

pursuant to the “safety valve” provision, U.S.S.G. § 5C1.2, and

should have adjusted the offense level for his minor participation,

U.S.S.G. § 3B1.2(b).




*
     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this opinion should not be published and is not precedent except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.
     The district court’s findings are reviewed only for clear

error.   Its finding that Hernandez had not truthfully provided

information to the Government was not clearly erroneous, see United

States v. Miller, 179 F.3d 961, 964 (5th Cir. 1999); nor was its

finding that Hernandez was not a minor participant, see United

States v. Buenrostro, 868 F.2d 135, 138 (5th Cir. 1989), cert.

denied, 495 U.S. 923 (1990).

                                                       AFFIRMED
