United States v. Jose Alvarez-Lopez

U.S. Court of Appeals for the Ninth Circuit
United States v. Jose Alvarez-Lopez, 398 F. App'x 287 (9th Cir. 2010)

United States v. Jose Alvarez-Lopez

Opinion

MEMORANDUM **

Jose Luis Alvarez-Lopez appeals from the 120-month sentence imposed following a guilty-plea conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Alvarez-Lopez contends that the district court erred by failing to grant safety-valve relief, because: (1) the district court relied on a mistaken belief that he admitted to a role in the conspiracy beyond what was stated at the plea hearing; (2) there was substantial evidence of miscommunication between himself and the government, and (3) he was denied the opportunity to provide a truthful and complete statement. The district court did not clearly err by denying relief based on its conclusion that Alvarez-Lopez had not provided a completely truthful account regarding his role in the conspiracy despite the numerous opportunities he was given to do so. See 18 U.S.C. § 3553(f)(5); United States v. Mejiar-Pimental, 477 F.3d 1100, 1105 (9th Cir. 2007) (stating that a defendant’s good faith obligation under § 3553(f) is satisfied by providing the government with truthful and complete information by the time of the sentencing hearing).

AFFIRMED.

**

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

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis ALVAREZ-LOPEZ, Defendant-Appellant
Status
Unpublished