United States v. Ricardo Castaneda

470 F. App'x 683

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 5, 2012
• Docket: 11-50212
• Status: Unpublished

Opinion

MEMORANDUM **

Ricardo Robledo Castaneda appeals from the 120-month sentence imposed fol lowing a guilty-plea conviction for importation of methamphetamine, in violation of 21 U.S.C. §§ 952, 960, and 963. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Castaneda contends that the district court erred by finding him ineligible for safety valve relief pursuant to 18 U.S.C. § 3553(f). The district court’s factual determination that Castaneda failed to provide truthful and complete information to the government was not clearly erroneous. See United States v. Mejia-Pimental, 477 F.3d 1100, 1105-06 (9th Cir.2007). Further, the district court did not abuse its discretion by denying his request for an evidentiary hearing on this issue. See United States v. Real-Hernandez, 90 F.3d 356, 362 (9th Cir.1996).

Castaneda also contends that the district court erred by declining to award a minor role adjustment because he was substantially less culpable than the average co-participant. The district court did not clearly err by declining to award the adjustment. See United States v. Cantrell, 433 F.3d 1269, 1283-84 (9th Cir.2006). In any case, as the district court noted, this issue is moot in light of the determination under 18 U.S.C. § 3553(f).

AFFIRMED.

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