UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,
v.	No. 99-4194
SHAUN DEVIN DEVOY,

Defendant-Appellant.	(D.C. No. 97-CR-234-01)

(D. Utah)

ORDER AND JUDGMENT*

Before BALDOCK, HENRY, and LUCERO, Circuit Judges.**

Defendant Shaun Devin Devoy appeals his sentence, arguing that the district court erred in failing to hold an evidentiary hearing related to his motion under 18 U.S.C. § 3553(e) and U.S.S.G. § 5K1.1 (1998). We exercise jurisdiction pursuant to 18 U.S.C. § 3742(a)(1).1 We review the district court's factual findings regarding sentencing for clear error and review de novo its legal interpretation of the guidelines. United States v. Maldonado-Acosta, ___ F.3d ___, ___, 2000 WL 485101, at *1 (10th Cir. Apr. 25, 2000).

After thoroughly reviewing the sealed record and briefs in this case, we affirm the district court's denial of Defendant's motion for substantially the reasons the district court set forth in its September 2, 1999 ruling from the bench. The district court's order of August 20, 1999 sealing the record remains in effect.

AFFIRMED.

Entered for the Court,

Bobby R. Baldock

Circuit Judge