United States v. Cesar Valenzuela-Mejia

372 F. App'x 792

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 31, 2010
• Docket: 09-50129
• Status: Unpublished

Opinion

MEMORANDUM **

Cesar Valenzuela-Mejia appeals from the 120-month sentence imposed following his guilty-plea conviction for conspiracy to distribute cocaine, in violation of 21 U.S.C. § § 846, 841(a)(1), (b)(1)(A). We have ju-' risdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Valenzuela-Mejia contends that the district court erred by relying on untrustworthy evidence to deny him safety valve relief. This contention is belied by the record, and the district court did not clearly err when it denied safety valve relief. See 18 U.S.C. § 3553(f); U.S.S.G. § 5C1.2; see also United States v. Shrestha, 86 F.3d 935, 938-40 (9th Cir.1996). Valenzuela-Mejia failed to meet his burden of proving, by a preponderance of the evidence, that he qualified for safety valve relief. See United States v. Ajugwo, 82 F.3d 925, 927-29 (9th Cir.1996).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.