United States v. Dario Tequida-Esquer

585 F. App'x 503

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 20, 2014
• Docket: 13-10514
• Status: Unpublished

Opinion

MEMORANDUM **

Dario Tequida-Esquer appeals from the district court’s judgment and challenges the 60-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. §§ 841(a)(1), (b)(l)(B)(vii), and 846; and possession with intent to distribute marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(l)(B)(vii). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Tequida-Esquer contends that the district court erred by imposing the mandatory minimum sentence based in part on its finding that Tequida-Esquer possessed a firearm in connection with his offense and was, therefore, ineligible to be sentenced under the safety valve provision, 18 U.S.C. § 3558(f). Tequida-Esquer argues that the facts underlying the safety valve determination must be submitted to a jury under Alleyne v. United States, — U.S. -, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013). This argument is foreclosed. See United States v. Lizarraga-Carrizales, 757 F.3d 995, 999 (9th Cir.2014) (“[T]he denial of safety valve relief does not increase the statutory maximum or minimum such that Alleyne is implicated ... Accordingly, the factual predicate for denying safety valve relief need not be proven to a jury.”).

AFFIRMED.

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