United States v. Gonzalez Cruz

455 F. App'x 753

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 26, 2011
• Docket: 10-50574
• Status: Unpublished

Opinion

MEMORANDUM **

George Gonzalez Cruz appeals from the 10-year sentence imposed following his guilty-plea conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 846 and 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Gonzalez Cruz contends that the district court erred by denying him relief under the safety valve provision of 18 U.S.C. § 3553(f) and U.S.S.G. § 5C1.2. However, Gonzalez Cruz was not entitled to safety valve relief because he failed to name his supplier. See 18 U.S.C. § 3553(f)(5); United States v. Thompson, 81 F.3d 877, 878-80 (9th Cir.1996). Therefore, the district court correctly sentenced him to the statutory mandatory minimum sentence. See Thompson, 81 F.3d at 880.

AFFIRMED.

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