United States v. Contreras
United States v. Contreras
Opinion of the Court
MEMORANDUM
Cesar S. Contreras appeals his 121-month sentence imposed following his guilty plea to conspiracy to distribute cocaine base, in violation of 21 U.S.C. §§ 841(a)(1) and 846. We have jurisdiction pursuant to 18 U.S.C. § 3742, and we affirm.
Contreras contends that the government breached the plea agreement by arguing
Contreras next contends that the district court erred in applying a two-level increase based on his leadership role in the offense pursuant to United States Sentencing Guidelines § 3B1.1. Because the presentence report contains sufficient uncontested facts to support this enhancement, we find no error. See id. at 1050-51.
Finally, because the district court properly determined that Contreras was a leader or organizer pursuant to section 3B1.1, he is ineligible for safety valve relief. See U.S.S.G. § 5C1.2(a)(4) (providing that safety valve is not available to defendants who are the leader, organizer, manager or supervisor of others in the offense).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.