Court of Appeals for the Tenth Circuit April 9, 2007, No. 06-4103 (United States v. Montoya)

ORDER AND JUDGMENT*

PAUL J. KELLY, JR., Circuit Judge.

Defendant-Appellant Luciano Avendan Montoya appeals from the district court’s decision not to grant him a downward departure pursuant to the safety valve provisions of 18 U.S.C. § 3553(f)(1)-(5) and U.S.S.G. § 5C1.2. Had the district court applied the safety valve reduction, Mr.