United States v. Cristobal Morales

669 F. App'x 448

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 4, 2016
• Docket: 15-50221
• Status: Unpublished

Opinion

MEMORANDUM **

Cristobal Amando Morales appeals from the district court’s judgment and challenges the 60-month sentence imposed following his guilty-plea conviction for conspiracy to distribute cocaine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B), and 846. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Morales contends that the district court erred in denying his request for safety-valve relief. We review for clear error, see United States v. Mejia-Pimental, 477 F.3d 1100, 1103 (9th Cir. 2007), and find none. The record supports the district court’s finding that Morales did not truthfully provide the government with all of the information he had concerning the offense. See 18 U.S.C. § 3563(f)(5); U.S.S.G. § 5C1.2(a)(5). Moreover, contrary to Morales’s contention, his proffer sessions did not constitute a “good faith” effort to cooperate with the government. See Mejiar-Pimental, 477 F.3d at 1106 (a defendant who provides evasive answers and whose conduct was more extensive than his proffer suggests has not met the good faith standard).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.