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. The parties agreed that Barragan met the last four criteria of the safety valve provision. See 18 U.S.C. § 3553(f). Therefore, with respect to whether Barragan satisfied the criteria of § 3553(f), the only issue was whether Barragan failed to meet the first criterion. To establish the first criterion, a defendant must show by a preponderance of the evidence that he "does not have more than 1 criminal history point, as determined under the sentencing guidelines." 18 U.S.C. § 3553(f)(1). Despite Barragan's argument to the contrary, he bore the burden of proof on this issue; he was required to show by a preponderance of the evidence that he qualified for the safety valve provision. See United States v. Washman, 128 F.3d 1305, 1307 (9th Cir. 1997); United States v. Ajugwo, 82 F.3d 925, 929 (9th Cir. 1996). The Supreme Court’s holding in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), did not shift this burden to the Government because § 3553(f) does not mete out additional punishment if a defendant does not qualify for the safety valve provision. Because Barragan did not carry his burden of proof on this issue, he did not satisfy the criteria of § 3553(f).